Bobby Tucker v. Seattle Housing Authority

MEMORANDUM

Bobby Tucker and his minor child, Z.T., appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging claims relating to their project-based Section 8 housing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because appellants failed to raise a genuine dispute of material fact as to whether they were entitled to a grievance procedure and to remain on the housing wait list. See 42 U.S.C. § 1437f(o)(13)(J) (family retains place on waiting list only where family “rejects an offer of project-based assistance”); Moore v. Nw. Fabricators, Inc., 51 Wash.2d 26 , 314 P.2d 941, 942 (1957) (“Abandonment, as applied to leases, involves an absolute relinquishment of premises by a tenant, consisting of act or omission and an intent to abandon.”); 24 C.F.R. § 983.256 (f)(3)(ii) (“The term of the lease terminates if ... [t]he tenant terminates the lease”); 24 C.F.R. § 983.261 (d) (“If the family terminates the assisted lease before the end of one year, the family relinquishes the opportunity for continued…