[ Reply ]
From: Tammie Grossman
email: mailto:trgpsls@aol.com
link: http://
date: 7/11/0 18:34
Date: 12/21/00
Time: 11:47:44 AM
Remote Name: 207.251.188.199
We have a case that we are thinking of appealing to the Appellate Court. We have lost at both the administrative level and the trial court level on review. The client is a participant in the Section 8 Certificate (not voucher) program. A couple of years ago the PHA sought to terminate her assistance for fraud because she was making under the table rent payments to her landlord. We represented her at the hearing and argued that she had not committed fraud but that she was a victim of fraud. There is a lease addendum provision directed to the landlord only stating that he cannot charge in excess of the contract rent. The client testified that she knew what she was doing was wrong but she had no where to go and she was depressed and had an anxiety disorder. The PHA presented evidence that the client engaged in the same conduct and had been verbally warned by the PHA that she would be terminated if she made the excess payments in the future. The Hearing officer found in favor of the PHA. We filed a complaint for review. The judge ruled that the client knew the landlord's request was wrong and that she could be terminated. He upheld the termination. Do people have any other ideas for arguments that we could make? Thanks.