Baldwin v. Housing Authority of the City of Camden, 278 F.Supp.2d 365 (D.N.J. 2003)

A voucher applicant filed suit challenging her denial of admission based upon credit history. The applicant alleged that creditworthiness was not a criterion that the housing authority could consider and that the housing authority violated due process, abused its discretion and violated the United States Housing Act (USHA). On this latter claim the applicant alleged that the housing authority may only change its screening policy consistent with the annual planning process which provides for public review and comment. The court ruled that the applicant stated a cause of action pursuant to her due process claim as the applicant may be able to show that the housing authority violated the USHA and regulations by failing to consult with the resident advisory board about the modification to the annual plan and provide for public notice and comment.