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A.S. v. Been
United States District Court for the Southern District of New York
228 F. Supp. 3d 315 (2017)
A.S. (plaintiff) and her husband lived in an apartment pursuant to her husband’s Section 8 housing voucher issued under the Housing Act of 1937. The New York City Department of Housing Preservation and Development (the department) (defendant) administered the housing vouchers. In 2015 A.S. submitted a request with the department to receive her husband’s voucher after he had attempted to rape her. The department held a hearing without notifying A.S. The department denied the voucher-transfer request and terminated the voucher because of the domestic-violence incident. The department informed A.S. of the decision. A.S. filed an action in federal district court against the department’s commissioner, Vicki Been (defendant), on multiple grounds. Among the allegations, A.S. claimed that her due-process rights were violated because she was not notified of the hearing and given an opportunity to be heard. A.S. also claimed that the department had violated the federal Fair Housing Act. The department argued that A.S. had no property interest in her husband’s voucher and could not file a due-process complaint. The department also argued that its actions were not within the scope of the Fair Housing Act. The court determined that the department’s arguments amounted to a motion to dismiss and considered the case.
Rule of Law
Holding and Reasoning (Marrero, J.)
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