Housing Authority. Municipal Corporations, Housing authority. Administrative Law, Hearing, Regulations. Due Process of Law, Administrative hearing. In a civil action brought in Housing Court under 42 U. Police arrested Gale Costa and charged her with soliciting sex for a fee and keeping a house of ill fame at her federally subsidized apartment. Subsequently the Fall River Housing. Authority housing authority terminated her subsidy pursuant to Federal housing regulations. Costa challenged the housing authority's decision by means of an action in the Southeastern Division of the Housing Court Department.
Her complaint presented three claims: 1 that the housing authority had terminated her subsidy upon a ground unauthorized by the governing regulations of the Federal Department of Housing and Urban Development HUD so as to violate 42 U.
The Housing Court preliminarily enjoined the termination. Upon subsequent cross motions for summary judgment, a judge of that court concluded that the housing authority had acted without regulatory authority and without procedural due process. We remand the case for further action. Costa rents a single-family house on a residential street in Fall River.
She participates in the Federal Housing Choice Voucher Program popularly known as "section 8" assistance. The arrest of Costa occurred on the evening of June 24, , on charges of engaging in sexual conduct for a fee under G.
By letter of July 12, , the housing authority notified her of its intent to terminate her assistance as of. September 1, , pursuant to 24 C. The letter referred her to an enclosed copy of a police report of her arrest. The report gave the following account. On June 23, , a detective using the name "Jay" made an appointment with Costa.
