Johnson v. Hous. Auth. of Oakland

*606 The Housing Authority of the City of Oakland (housing authority), which administers a federally funded subsidized housing program for the City of Oakland, appeals a judgment and writ of administrative mandate directing it to vacate its decision terminating plaintiff Etta Mae Johnson from its program. The housing authority contends the trial court erred in finding that it violated Johnson's procedural due process rights in terminating her from the program. We agree and, accordingly, shall reverse the judgment.

Background

Statutory Background

Section 8 of the Housing and Community Development Act of 1974 (section 8) ( 42 U.S.C. § 1437f(o) ) is a federally funded and regulated program that provides housing assistance to financially eligible families. The United States Department of Housing and Urban Development (HUD), which funds the section 8 program, has enacted regulations governing the administration of the program by local public housing agencies. The regulations provide both mandatory and discretionary grounds for termination from the program. ( 24 C.F.R. § 982.552 .) Termination is mandatory when a participant has been evicted from subsidized housing for serious…