United States District Court, D. Utah, Central Division
Nuffer District Judge
REPORT AND RECOMMENDATION
J. FURSE United States Magistrate Judge.
The Housing Authority of Utah County (the “Housing
Authority”) moves the Court 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,  the undersigned RECOMMENDS the Court
deny the Housing Authority's Motion to Dismiss.
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
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
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 ...