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Taylor v. Hous. Auth. of Atlanta
No. 2005CV105622 (Ga. Super. Ct., filed 2005), on removal, No. 1:05-CV-2335 JTC (N.D. Ga. 2005)
Summary: Challenge to PHA's denial of voucher assistance to certain tenants of property where project-based Section 8 contract was terminated by HUD for owner breach. PHA had denied tenants for various reasons, primarily alleged prior criminal activity during past decade, despite tenancies in good standing. Upon demand, PHA provided vouchers for most tenants initially denied, except two plaintiffs. Claims based on federal statutes including the enhanced voucher statute, 42 U.S.C. Sec. 1437f(t), and MAHRAA Sec. 524(d), as well as federal regulations. Case was filed in state court, where TRO was obtained after hearing and decision. Prior to PI hearing, PHA then removed case to federal court, which issued an opinion and oder denying PI after hearing.
1. Federal Court Decision Denying PI [PDF; 35K]
2. Plaintiffs' Reply to Plaintiffs' Opposition to PI (draft) [WPD; 47K]
3. Defendant's Brief in Opp'n to PI [PDF; 169K]
4. State Court Decision Issuing TRO [PDF; 142K]
5. Brief in Support of Motion for TRO [WPD; 75K]
6. Complaint [DOC; 54K]
Includes claims based upon 42 U.S.C. Sec. 1437f(t), MAHRAA Sec. 524(d), the MTW statute and PHA's MTW agreement, state and federal due process, and waiver.
