Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tolley v. Housing Authority of Utah County

United States District Court, D. Utah, Central Division

March 31, 2017

CRYSTAL TOLLEY, Plaintiff,
v.
THE HOUSING AUTHORITY OF UTAH COUNTY, Defendant.

          David Nuffer District Judge

          REPORT AND RECOMMENDATION

          EVELYN J. FURSE United States Magistrate Judge.

         Defendant The Housing Authority of Utah County (the “Housing Authority”) moves the Court[1] to dismiss Plaintiff Crystal Tolley's (“Ms. Tolley”) Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which this Court can grant relief. (Mot. to Dismiss For Failure to State a Claim & Memoranda (“Mot.”), ECF No. 8.) After considering the parties' briefing, [2] the undersigned RECOMMENDS the Court deny the Housing Authority's Motion to Dismiss.

         BACKGROUND

         Ms. Tolley's Complaint alleges the Housing Authority terminated her § 8 housing voucher in violation of due process and Housing and Urban Development (“HUD”) regulation 24 C.F.R. § 982.555. (See Complaint (“Compl.”) 10-12, ECF No. 4.) Ms. Tolley received a housing voucher from the Housing Authority with an issue date of December 31, 2014 and an expiration date of March 1, 2015. (Compl. ¶ 32, ECF No. 4.) On February 23, 2015, Ms. Tolley received a letter from the Housing Authority stating “[w]e have received a claim against you from your previous landlord in the amount of $795.50. This is a violation of your family obligations on your voucher.” (Compl. ex. 7, ECF No. 4.) The letter further stated You have the following options:

1. Make arrangements to repay the debt/damages in full, or over time with your landlord.
2. Negotiate the debt/damages amount with the landlord.
3. Contest the debt/damages by going to court.
In any case, you must provide a resolution, in writing, to the Housing Authority by March 1, 2015.
If you do not resolve this matter by March 1, 2015, I will proceed with the termination process. . . .
If you are unable to provide one of the items listed above AND disagree with the termination, you may request an informal hearing. Your informal hearing request must be a written statement submitted in our office no later than March 12, 2015.

(Id.)

         On March 4, 2015 the Housing Authority received Ms. Tolley's Request for Tenancy Approval to renew her housing voucher. (Compl. at 6, ECF No. 4.) On March 9, 2015 the Housing Authority responded

You were issued a Housing Choice Voucher on December 31, 2014, that was valid until March 1, 2014 [sic]. On March 4, 2015, we received a Request for Tenancy Approval, a W-9 with cover sheet, and a new lease. However, I am unable to process this information because it was received past the March 1, 2015 deadline. Also, we have notice that you owe your previous landlord $795.50.
It is therefore necessary to terminate your housing assistance. No further rent payments will be ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.