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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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