[ Reply ]
From: Mac McCreight
email: mailto:mmccreight@gbls.org
link: http://
date: 6/27/0 09:32
Date: 12/21/00
Time: 11:41:11 AM
Remote Name: 207.251.188.199
Catherine, thanks for the information, and I haven't had a chance to compare the two versions yet. I hope to get a break between the two trainings I have today to participate in the 1 p.m. EST conference call. In anticipation of that, have one addition point to relay. Strikes me that we have persuasive arguments that due process, for the HUD Multifamily Housing Programs, at a minimum is the set of hearing guidelines/procedures contained in 24 CFR 5.514(f)(2)(iii), which is the system to dispute determinations under the non-citizen rule, and is I think the closest analogy to this where non-PHA private owners are making the determinations. The opportunity for such a hearing to dispute the discrepancy determination should be offered prior to bringing any court action, just as it would be in public housing. The only alternative I see to this is the kind of HUD APA review discussed in the Watson case (and there may be an argument that HUD APA review is what's required by the computer matching income verification statute, since something has to be available through an "agency" (public actor).)