Lora M. Saxton v. Housing Authority of the City of Tacoma William Hunter, Executive Director of the Housing Authority of the City of Tacoma
Opinion
Opinion
Nelson, J.
In this appeal, we consider whether a public housing tenant is entitled to a hearing before the denial of her request to add an additional family member to her lease. Appellant Lora Saxton (“Saxton”) brought suit against the Housing Authority of the City of Tacoma and its Executive Director (collectively, “THA”) after THA refused to restore her husband Ben Saxton (“Ben”) to the family’s lease. The district court granted summary judgment in favor of THA. Although we hold that Saxton was entitled to a hearing-under the United States Housing Act, 42 U.S.C. § 1437 et seq. (West Supp.1992) (“Housing Act”) and regulations, we affirm because we find that a hearing would not have made a difference in the outcome of this case.
FACTUAL AND PROCEDURAL BACKGROUND
Saxton has been a tenant of THA low-income housing since February of 1979, when she signed a lease for herself and her two children. In 1984, THA discovered that her husband Ben was also residing in the unit; in accordance with the THA policy in effect at that time, Ben was placed on the lease. Ben was removed from the lease in 1985, after his wife informed THA that he was in prison.