Clark v. Alexander

Decision Date30 May 1996
Docket NumberNo. 95-1280,95-1280
Citation85 F.3d 146
PartiesStacey CLARK, Plaintiff-Appellant, v. Archibald ALEXANDER, Acting Executive Director, Alexandria Redevelopment and Housing Authority, Defendant-Appellee.
CourtU.S. Court of Appeals — Fourth Circuit

ARGUED: Michael Gerhart Allen, Legal Services of Northern Virginia, Alexandria, Virginia, for Appellant. Michael Jay Weiser, Alexandria, Virginia, for Appellee. ON

BRIEF: Sylvia M. Brennan, Legal Services of Northern Virginia, Alexandria, Virginia, for Appellant.

Before LUTTIG, Circuit Judge, CHAPMAN, Senior Circuit Judge, and CLARKE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Senior Judge CLARKE wrote the opinion, in which Judge LUTTIG and Senior Judge CHAPMAN joined.

OPINION

CLARKE, Senior District Judge:

This appeal concerns the standard of review applicable in federal civil rights cases challenging the decisions of local housing authorities implementing the federal low-income housing assistance program. See 42 U.S.C. §§ 1401-40. In Ritter v. Cecil County Office of Hous. & Community Dev., this Court held that interpretive rules adopted by local housing authorities should be afforded deference by federal courts "only to the extent the agency's rules are not contrary to the statute or regulation." 33 F.3d 323, 328 (4th Cir.1994). In this case, the Court is asked to determine the standard of review applicable to housing authority adjudicative factfinding and decisions. The District Court, in keeping with the Ritter decision, gave substantial deference to the Alexandria Redevelopment and Housing Authority (ARHA) and the reviewing hearing officer in granting ARHA's motion for summary judgment. Clark v. Alexander, 894 F.Supp. 261, 263 (E.D.Va.1995). For the reasons set out below, this Court agrees with the decision of the district court and, upon de novo review, affirms.

I.

Stacey Clark was a participant in the federal government's rent subsidy program as administered by ARHA. The rent subsidy program is overseen by the Department of Housing and Urban Development and implemented in accord with Section 8 of the United States Housing Act as amended. 42 U.S.C. § 1437f. In administering the rental voucher system, HUD is authorized to "prescribe other terms and conditions which are necessary for the purpose of carrying out the provisions of this paragraph and which are consistent with the purposes of this paragraph." 42 U.S.C. § 1437f(o)(11)(F). Relevant to this case, HUD has promulgated regulations concerning the drug-related criminal activity by recipients of rent subsidies and their families. Specifically, it is the obligation of the family receiving federal rent subsidies to not "[e]ngage in drug-related criminal activity, ... including criminal activity by any Family member." 24 C.F.R. § 882.118(b)(4) (1994). "Drug-related criminal activity" means (1) "the felonious manufacture, sale, or distribution, or the possession with intent to manufacture, sell, or distribute, a controlled substance," or (2) "the felonious use or possession (other than with intent to manufacture, sell, or distribute) of a controlled substance," where the use or possession occurs within one year of a public housing authority's decision to deny admission or terminate assistance under the program. 24 C.F.R. § 882.118(b)(4)(i)(A), (B) (1994). "Family" is defined in the regulations to include but is not limited to:

(a) An Elderly Family or Single Person as defined in this part,

(b) The remaining member of a tenant family, and

(c) A Displaced Person.

24 C.F.R. § 812.2 (1994); see also 42 U.S.C. § 1437a(b)(3) (same).

The public housing authority may terminate a participant's rent subsidy "[i]f the participant has violated any Family obligation" as set out in section 882.118. 24 C.F.R. § 882.210(d)(2) (1994). A termination based on participation in drug-related criminal activity must be based on a "preponderance of the evidence indicat[ing] that a Family member has engaged in such activity, regardless of whether the Family member has been arrested or convicted." 24 C.F.R. § 882.216(c)(1) (1994). The procedure for termination consists of a written notice from the housing authority stating the reasons for the termination. 24 C.F.R. § 882.216(b)(3)(i) (1994). The participant in the program must be given the opportunity for an "informal hearing." 24 C.F.R. § 882.216(b)(1)(ii) (1994); cf. 42 U.S.C § 1437d(k) (mandating the creation of an "administrative grievance procedure" for tenants at each public housing authority receiving funds under Section 8). The informal hearing is set before a neutral hearing officer, is adversarial in nature, and is decided using a preponderance of the evidence standard. 24 C.F.R. § 882.216(b)(6) (1994).

On March 19, 1994, Alexandria police executed a search warrant for Ms. Clark's address and for a black male at that address. Probable cause for the search was provided by a confidential informant's tip that cocaine was being sold by a black male at that residence. Ms. Clark was not home at the time the warrant was executed. However, police detectives did find Ms. Clark's father and her estranged husband, David Clark, at the residence. During the search, the detectives seized quantities of heroin and associated drug paraphernalia from a dresser in the master bedroom. Detectives also uncovered two address books in the dresser and a two-foot long sword hidden between the bed and box spring. In the basement of the house, detectives confiscated a quantity of cocaine. At the time of the search, David Clark admitted to the detectives that the heroin and related drug paraphernalia found in the master bedroom were his. He also admitted ownership of the sword and the address books. Mr. Clark gave his address as that residence. Mr. Clark subsequently pled guilty to possession of heroin and possession of drug paraphernalia related to the March 19, 1994 incident.

On May 9, 1994, ARHA, through its executive director Archibald Alexander, informed Ms. Clark of its decision to terminate her housing assistance. The ARHA notice stated that the Alexandria police had received information that illegal drugs had been sold from her residence and that a resulting police search at her residence had led to the confiscation of drugs and drug paraphernalia. From this evidence, ARHA had concluded that family members had engaged in drug-related activity in her residence and that termination of assistance was authorized under federal regulations.

Ms. Clark exercised her right to an informal hearing, which took place on July 27, 1994, before Steven Zimmerman, a local attorney. At the hearing, Mr. Zimmerman heard testimony from Alexandria police detective Hassan Aden, who had been present during the execution of the search warrant, David Clark, and Stacey Clark. Detective Aden testified that he believed Mr. Clark to be a resident at Ms. Clark's apartment based on Mr. Clark's familiarity with the premises; statements of ownership of the drugs, drug paraphernalia, and personal items (address books and the silver sword) found at the residence; and statement that he did in fact live at the residence. David Clark admitted to ownership of the heroin and related paraphernalia but denied any knowledge of the cocaine in the basement. He also stated that he never admitted to Detective Aden that he lived at the residence, nor had he admitted that he owned the silver sword. Ms. Clark testified that David Clark did not live at her household and that she had no knowledge of the use or possession of drugs in her household prior to the execution of the search warrant. Mr. Zimmerman upheld ARHA's decision to terminate, relying heavily on the testimony of Detective Aden and concluding that a "family member" at Ms. Clark's residence had been involved in drug-related criminal activity, warranting termination of benefits under 24 C.F.R. § 882.210.

Ms. Clark brought suit under 42 U.S.C. § 1983, alleging various procedural errors in the informal hearing and alleging that ARHA exceeded its authority in terminating her Section 8 benefits where no "family member" was involved in drug-related criminal activity. On plaintiff's motion for partial summary judgment and defendant's motion for summary judgment, the district court found in favor of defendant. The district court applied the standard articulated in Ritter. Clark v. Alexander, 894 F.Supp. 261, 263 (E.D.Va.1995). The court found that the housing authority's basis for termination was not inconsistent with the applicable HUD regulations. Id. at 264. Following Ritter, the court afforded the decision to terminate "reasonable deference," and granted the housing authority's motion for summary judgment. Id. at 264-65. Plaintiff appeals on the sole issue of whether the district court erred in deferring to ARHA and the hearing officer's conclusion that David Clark was a "family member" for the purposes of the Section 8 regulations.

II.
A.

We review the district court's granting of summary judgment de novo. Ritter, 33 F.3d at 327; Haavistola v. Community Fire Co., 6 F.3d 211, 214 (4th Cir.1993). Summary judgment under Rule 56 of the Federal Rules of Civil Procedure is appropriate only when the Court, viewing the record as a whole and in the light most favorable to the nonmoving party, determines that there exists no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986).

The outcome on a motion for summary judgment is dependent not only on the standard of review, but also on the scope of review. That is, the focus of the court's inquiry is as important as the rigor of that inquiry. This action is brought under section 1983, which provides a cause of action for the deprivation of rights created by federal law. 42 U.S.C. §...

To continue reading

Request your trial
75 cases
  • Costa v. Fall River Housing Authority
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • April 13, 2009
    ...reasons for its decision. See Goldberg v. Kelly, 397 U.S. 254, 266-271, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). See also Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996) (noting that HUD regulations governing Section 8 termination hearing process are designed to implement procedural protec......
  • Long v. D.C. Hous. Auth.
    • United States
    • U.S. District Court — District of Columbia
    • February 29, 2016
    ...Defs.' Mot. Summ. J. at 9 (“These provisions essentially track the Goldberg due-process requirements.”); see also Clark v. Alexander , 85 F.3d 146, 150–51 (4th Cir.1996) (“Federal regulations set out the basic procedural requirements of informal hearings in almost literal compliance with Go......
  • Lytle v. Doyle
    • United States
    • U.S. District Court — Eastern District of Virginia
    • December 17, 2001
    ...there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also, Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The court may pr......
  • Sierra Club v. State Water Control Bd., 17-2406
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • August 1, 2018
    ...See Delaware Riverkeeper Network v. Secretary of Pa. Dep't of Envtl. Prot. , 870 F.3d 171, 181 (3d Cir. 2017) ; Clark v. Alexander , 85 F.3d 146, 152 (4th Cir. 1996). And Petitioners do not challenge the reasonableness of DEQ's construction here. Cf. Petitioners' Reply brief at 17-18 (ackno......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT