Cole v. Metropolitan Council HRA

686 N.W.2d 334, 2004 Minn. App. LEXIS 1058, 2004 WL 2050774
CourtCourt of Appeals of Minnesota
DecidedSeptember 14, 2004
DocketA04-261
StatusPublished
Cited by13 cases

This text of 686 N.W.2d 334 (Cole v. Metropolitan Council HRA) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cole v. Metropolitan Council HRA, 686 N.W.2d 334, 2004 Minn. App. LEXIS 1058, 2004 WL 2050774 (Mich. Ct. App. 2004).

Opinion

OPINION

FORSBERG, Judge. *

In this certiorari appeal, relator tenant argues that respondent improperly terminated her Section 8 housing assistance because (1) respondent lacked authority to terminate Section 8 benefits when the underlying eviction judgment was by default, there was no violation of the lease, and any violation of the lease was not ruled to be the “serious” violation required to terminate Section 8 benefits; (2) the hearing officer failed to recognize that the eviction judgment was by default, make credibility determinations, and make adequate findings; and (3) the hearing officer failed to consider mitigating circumstánces. We affirm.

FACTS

Relator Angela Cole obtained a Section 8 rental voucher from respondent Metropolitan Council Housing and Redevelopment Authority in 2000. On October 1, 2003, relator gave notice to her landlord that she would be vacating her apartment at the end of November. Shortly thereafter, relator faxed a copy of her notice to vacate to respondent. Upon receipt of relator’s notice to vacate, respondent mailed recertification paperwork to relator. Completion of the paperwork was necessary for relator to obtain Section 8 rental assistance at her new residence. As part of the recertification process, relator was required to sign a Statement of Responsibilities, which provided in part:

I understand that I must give [respondent] a copy of any eviction notice I receive within ten (10) days of receipt of that notice. I understand that if I violate a provision of my lease and am evicted by a court ordered judgment on behalf of the owner [respondent] will terminate my Section 8 Rental Assistance.

*336 Relator signed the statement on October 23, 2003, and respondent subsequently approved a -Section 8 voucher for relator’s new residence.

On November 3, 2003, relator’s landlord commenced an eviction action against her. Relator’s landlord provided respondent with a copy of the eviction complaint on November 6, and an eviction hearing was held a week later. Relator failed to attend the hearing, and, consequently, the district court granted a default judgment in favor of the landlord and issued a writ of recovery. Relator’s landlord faxed a copy of the writ of recovery to respondent on November 13, 2003. Relator was evicted as of November 17, 2003.

Upon receipt of the writ of recovery, respondent sent relator a letter informing her that her participation in the Section 8 program would be terminated effective January 1, 2004. Relator requested a hearing to contest respondent’s decision to terminate her Section 8 rental assistance. An informal hearing was conducted on December 17, 2003.

At the informal hearing, relator testified that she failed to attend the eviction hearing because she thought the hearing was to be held on November 17, rather than November 13. In addition, relator pointed out that the eviction complaint sent to respondent had been altered. The complaint filed in district court stated: “causing damages totaling $1,259.00; using crack cocaine in unit regularly,” but the complaint sent to respondent added “police calls for disturbances between 2:00 and 3:00 a.m.” Relator also produced the only two police reports made from her residence during the preceding six months. The two complaints were made by relator or a friend to report burglaries, neither of which occurred between 2:00 and 3:00 a.m. Finally, relator testified that she believed the eviction action was filed for retaliatory reasons.

The hearing officer upheld the termination of benefits on the basis that respondent followed proper procedures and policies in terminating relator’s benefits. The hearing officer explained that relator had signed the Statement of Responsibilities and that there were no extenuating circumstances to be considered. This certio-rari appeal followed.

ISSUES

1.' Did respondent have legal authority to terminate relator’s Section 8 housing benefits?

2. Did the informal hearing officer comply with the applicable law and procedure when affirming the termination of relator’s Section 8 housing benefits?

3. Did the informal hearing officer err by failing to consider the hardship that would result from the termination of relator’s Section 8 benefits?

ANALYSIS

By taking evidence and hearing testimony, respondent acted in a quasi-judicial capacity. See American Fed’n of State, County Mun. Employees, Council 14 v. County of Ramsey, 513 N.W.2d 257, 259 (Minn.App.1994). “An agency’s quasi-judicial determinations will be upheld unless they are unconstitutional, outside the agency’s jurisdiction, procedurally defective, based on an erroneous legal theory, unsupported by substantial evidence, or arbitrary and capricious.” Carter v. Olmsted County Hous. and Redevelopment Auth., 574 N.W.2d 725, 729 (Minn.App.1998).

I.

Relator contends that respondent’s sole basis for terminating the Section 8 *337 voucher was the Statement of Responsibilities, which requires both a violation of the lease and a court-ordered eviction in order for Section 8 rental assistance to be terminated. Relator argues that because the eviction was obtained through a default judgment, respondent failed to prove a lease violation. Relator argues, therefore, because respondent did not apply both prongs of the Statement of Responsibilities, respondent did not have authority to terminate her housing voucher.

A default judgment is defined as “[a] judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiffs claim, often by failing to appear at trial.” Black’s Law Dictionary 428 (7th ed.1999). A judgment by default is just as conclusive an adjudication between parties as any other. Geo. Benz Sons v. Hassie, 208 Minn. 118, 124, 293 N.W. 133,136 (1940).

Here, the landlord filed an eviction complaint, alleging that relator was using crack cocaine in her apartment unit on a regular basis and that she had caused damages to the unit totaling $1,259. A hearing was held on November 13, 2003, but relator failed to appear. Consequently, the district court entered judgment by default, and relator was evicted from the apartment. Because a default judgment was entered against relator due to her failure to answer the complaint or appear at the hearing, the facts of the complaint were deemed to be true. See id. Accordingly, there was a violation of the lease, and both prongs of the Statement of Responsibilities were met.

Relator also contends that even if there was a violation of the lease, respondent did not have authority to terminate her Section 8 housing voucher because respondent failed to apply the standard set forth in 24 C.F.R. 982.552(b)(2) (2003), which requires a “serious” violation of the lease.

24 C.F.R.

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Bluebook (online)
686 N.W.2d 334, 2004 Minn. App. LEXIS 1058, 2004 WL 2050774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-metropolitan-council-hra-minnctapp-2004.