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Circuit court upholds Section 8 precedent

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The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific Section 8 housing.

In Marshall Fincher v. South Bend Heritage Foundation, No. 09-1964, Marshall Fincher sued after his Section 8 application for housing in a building owned by South Bend Heritage Foundation was denied due to a previous eviction. Fincher claimed he was denied due process of law or that SBHF breached a contract with the United States Department of Housing and Urban Development to which Fincher is a third-party beneficiary.

Fincher wanted the Circuit Court to overturn its precedent in Eidson v. Pierce, 745 F.2d 435 (7th Cir. 1984), but the judges declined because they found Eidson to be a well-reasoned opinion. That ruling found there is no legitimate claim to entitlement for people rejected from a specific housing unit.

“Under Section 8, even if a plaintiff proved that the landlord relied on false information in coming to its decision to deny the plaintiff housing, the plaintiff still would not be entitled to the housing so long as the housing went to another eligible candidate,” wrote Judge Joel Flaum. “Therefore, the due process hearing would be meaningless.”

Section 8 only provides landlords with a series of guidelines to apply when choosing between two eligible candidates and leaves the landlord with considerable discretion in making the final decision, he continued.

The Circuit judges rejected Fincher’s arguments to rely on a 9th Circuit case that was decided two years before Eidson because the 7th Circuit had already rejected the reasoning from that case in Eidson. They also declined to adopt rulings out of a New Jersey District Court or the Supreme Judicial Court of Massachusetts because those cases tackled different issues than the one in Eidson. In the New Jersey case, the issue was whether an individual had a right to a due process hearing when she was denied eligibility for the Section 8 housing program in New Jersey. The Massachusetts case addressed a situation where the defendants were allegedly in violation of numerous state public housing regulations that set forth mandatory priority and preference categories.

“Because Eidson was a well-reasoned opinion, and no significant changes in the law have occurred between when we decided that case and now, we decline the invitation to overturn Eidson and affirm the district court on the due process challenge,” wrote Judge Flaum.

The 7th Circuit also affirmed the District Court’s rejection of Fincher’s claim that he can bring a suit as a third-party beneficiary of a contract entered into between SBHF and HUD. Fincher must point to specific regulations or contract provisions that are being violated in this case to give rise to this cause of action.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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