§Why CasetextPricing

Greene v. U.S. Department of Housing and Urban Development

RESPONSE in Support of Motion re: 54 MOTION for Judgment on the Pleadings ., 57 MOTION for Summary Judgment . . Document

29 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,710 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

  3. Perry v. Sindermann

    408 U.S. 593 (1972)   Cited 4,509 times   1 Legal Analyses
    Holding that mutually explicit understanding could give rise to protected property interest

  4. Blum v. Yaretsky

    457 U.S. 991 (1982)   Cited 2,801 times   7 Legal Analyses
    Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function

  5. Goldberg v. Kelly

    397 U.S. 254 (1970)   Cited 4,961 times   3 Legal Analyses
    Holding that due process rights attach to the deprivation of Government benefits

  6. Cisneros v. Alpine Ridge Group

    508 U.S. 10 (1993)   Cited 238 times
    Holding that in a contract between HUD and private landlords, the clause providing for automatic annual rent increases was preempted by a clause stating that "notwithstanding any other provisions of the contract" adjustments shall not result in a difference between subsidized rents and unsubsidized rents. The court concluded that "a clearer statement [of Congressional intent] is harder to imagine"

  7. Public Utilities Comm'n v. Pollak

    343 U.S. 451 (1952)   Cited 512 times
    Holding that the applicability of the Fifth Amendment "concededly appl[ies] to and restrict only the Federal Government and not private persons."

  8. Kapps v. Wing

    404 F.3d 105 (2d Cir. 2005)   Cited 178 times
    Holding that, though "the Supreme Court has repeatedly reserved decision on the question of whether applicants for benefits (in contradistinction to current recipients of benefits) possess a property interest protected by the Due Process Clause[, e]very circuit to address the question ... has concluded that applicants for benefits, no less than current benefits recipients, may possess a property interest in the receipt of public welfare entitlements"

  9. J.S. v. T'Kach

    714 F.3d 99 (2d Cir. 2013)   Cited 110 times
    Factfinding required regarding conditions of confinement in restrictive housing where confinement exceeds 30 days

  10. Clark v. Alexander

    85 F.3d 146 (4th Cir. 1996)   Cited 86 times
    Holding that reviewing courts satisfy due process requirements by according deference to a hearing officer's factfindings based on "substantial evidence"

  11. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,540 times   12 Legal Analyses
    Criminalizing perjury

  12. Section 1437f - Low-income housing assistance

    42 U.S.C. § 1437f   Cited 1,303 times   6 Legal Analyses
    Outlining voucher program

  13. Section 982.1 - Programs: purpose and structure

    24 C.F.R. § 982.1   Cited 200 times
    Describing the Section 8 program generally

  14. Section 880.607 - Termination of tenancy and modification of lease

    24 C.F.R. § 880.607   Cited 36 times
    Describing termination of tenancy

  15. Section 880.603 - Selection and admission of assisted tenants

    24 C.F.R. § 880.603   Cited 15 times
    Existing Housing

  16. Section 880.601 - Responsibilities of owner

    24 C.F.R. § 880.601   Cited 7 times
    Providing owner is responsible for "all management functions," including reexamination and verification of family income

  17. Section 5.504 - Definitions

    24 C.F.R. § 5.504   Cited 5 times
    Defining "tenant" to mean "an individual or a family renting or occupying an assisted dwelling unit"