5A. The Past, Present, and Future of Basco v. Machin
The 11th Circuit is reconsidering the decade-old precedent set in Basco v. Machin in an en banc review of Yarbrough v. Decatur Housing Authority. Over ten years ago, the 11th Circuit determined in Basco that a housing authority has the burden of persuasion and must initially present sufficient evidence to establish a prima facie case that voucher holders violated the program rules before terminating them from the program. The Basco court further stated that a housing authority cannot meet its burden by basing a decision solely on unreliable hearsay evidence. Terminations that violate these standards are subject to due process challenges in federal court. Since then, advocates have relied on Basco and its progeny to challenge voucher terminations that thwart the protections built into the Constitution and federal law. The panelists will explore the precedent that Basco set, how advocates have used Basco to assist voucher holders, what is at risk in the Yarbrough case, and avenues for future advocacy.