Harrington

INTRODUCTION

Shevon Harrington appeals from a judgment denying her petition for writ of

administrative mandamus (Code Civ. Proc., § 1094.5) seeking to overturn the Housing

Authority of Riverside County’s (the HA) decision to terminate her Section 8 financial

1 assistance (42 U.S.C. § 1437f et seq.).1 In supplemental briefs filed at our direction,

Harrington contends that the trial court misunderstood the scope of judicial review under

section 1094.5 and that the findings the hearing officer made at Harrington’s

administrative hearing are not supported by the evidence. (§ 1094.5, subd. (b).) We

agree.

The HA provided Harrington with a notice of its intent to terminate her financial

assistance and informed her of her right to request an administrative hearing. Following

that hearing, the hearing officer issued a written decision concluding that termination was

mandatory under the Section 8 federal regulations, because Harrington had been evicted

from her apartment and the unlawful detainer judgment was upheld on appeal. In fact,

Harrington’s appeal of the unlawful detainer judgment was pending at the time of the

hearing and, shortly after she filed her writ petition…