Galeas v. Chelsea Housing Authority
| Decision Date | 08 August 2004 |
| Docket Number | 035340F |
| Citation | 2004 MBAR 404 |
| Parties | Delores Galeas v. Chelsea Housing Authority |
| Court | Massachusetts Superior Court |
Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Connolly, J.
This matter arises out of a decision by the defendant, the Chelsea Housing Authority ("the CHA"), to terminate the plaintiff, Dolores Galeas's ("Galeas"), Section 8 rental assistance. The CHA's decision to terminate Galeas's Section 8 rental assistance was a result of its finding, by a preponderance of the evidence, that Galeas had assaulted and battered a minor, thereby engaging in a violent criminal activity in violation of her obligations as a Section 8 recipient. Galeas filed a complaint with this Court seeking to overturn the CHA's decision. The matter is now before this Court on the CHA's motion for judgment on the pleadings. For the reasons that follow, the motion is ALLOWED.
The federal government, though the United States Department of Housing and Urban Development (HUD), provides rental subsidies to low-income tenants under the Section 8 Housing Assistance Program of the United States Housing Act, 42 U.S.C. §§1437 et seq. (1994 & Supp. I 1995). The purpose of the act is to provide "decent, safe, and sanitary dwellings for families of lower income." 42 U.S.C. §1437 (1994). This program is administered through agreement with HUD by local agencies called public housing agencies ("PHA"). The CHA is one such local agency. Administration of Section 8 is the subject of federal statutory and regulatory provisions with which the CHA must comply. Under the Section 8 program, the tenant enters into a HUD-approved contract with the owner, a housing assistance payments contract, and an annual contributions contract that set out the terms by which the PHA will make rental subsidy payments to the owner. The tenant, having been approved by the PHA for participation in the program, executes a HUD-prescribed lease with the owner. This lease is signed by the tenant and owner. Additional provisions relating to other good cause termination of the tenancy by the owner, security deposits, and certain prohibited lease provisions are contained in an addendum.
The administrative record sets forth the following facts relevant to this Court's decision. Galeas's Section 8 voucher was issued in the state of Florida and is being administered by the CHA. She entered into the Section 8 rental subsidy contract with CHA on March 5, 2003. Her lease included a paragraph entitled, "When [Housing Assistance Payments] terminate" that reads, "The [CHA] may terminate program assistance for the family for any grounds authorized in accordance with HUD requirements." Further, Galeas also signed the CHA's "Obligations of Section 8 Program Participants," and that grants the CHA the "discretion to terminate Section 8 housing assistance" if any of the 22 listed obligations are not met by the tenant. Galeas initialed each of the 22 obligations. Obligation 21 requires that "[f]amily members must not engage in violent criminal activity."
HUD regulations, referred to in Galeas's lease, grant the CHA and the housing owner the authority to terminate Section 8 assistance "for criminal activity by a household member as authorized by this section if the [CHA] determines, based on a preponderance of the evidence, that the household member has engaged in the activity, regardless of whether the household member has been arrested or convicted for such activity." 24 C.F.R. §982.553(c).[1]
Violent criminal activity is defined as "any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause or be reasonably likely to cause, serious bodily injury or property damage." 24 C.F.R. §5.100.
According to a police report dated July 16, 2003, Galeas was involved in an altercation on a basketball court controlled by the CHA during which she assaulted an eleven-year-old girl. The police report indicated that when the officers arrived at the scene of the incident, several large groups of approximately 50-75 people had congested the area and they were yelling obscenities at each other. Other officers were called in because of the crowd and because some of the groups started to fight. It took approximately 10-15 minutes to restore order.
As a result of this incident, CHA decided to terminate Galeas's participation in the Section 8 rental assistance program, citing her "violent criminal activity." Galeas appealed their decision to the CHA, and a hearing was held on September 3, 2003. What follows is a summary of the testimony received at the hearing. The victim, who is the eleven-year-old daughter of CHA's Resident Housing Manager, testified that she was standing near Galeas's three-year-old son when he fell down. Galeas walked over to where these kids were playing and warned everyone on the basketball court to be careful of the small children. According to the victim, Galeas's daughter and niece then walked over to Galeas and told her that the victim had insulted her. Then Galeas confronted the victim and the two argued. As Galeas began to walk away, the victim said "whatever," and at that point Galeas slapped her across the face two times. The victim slapped Galeas back once, and Galeas slapped the victim again. The victim's mother, the CHA employee, testified that she witnessed Galeas slapping her daughter. She also testified that she called 911 and that she notified the CHA of the incident because she was aware that Galeas was a Section 8 tenant.
Galeas herself testified that her daughter approached her on the court and told her that her three-year-old son had been hit with a ball in the eye. Galeas testified that she warned the other children, including the victim, to be careful of the small children. Galeas also testified that her daughter then informed Galeas that the victim called Galeas a "bitch," and at that point Galeas confronted the victim. According to Galeas, the victim "got in [her] face" and the two argued. Galeas testified that she believed the victim was older than eleven years old and was threatening to harm her children. Galeas testified that she started to walk away but when she heard the victim say, "whatever," she thought the victim was going to continue to threaten her children and that is when she turned around and slapped her once and the victim slapped her back. Galeas's daughter also testified. Galeas called her as a witness and only Galeas's attorney examined the six-year-old. The daughter testified that the victim did not yell at Galeas and that both were speaking in "normal" voices.
In a letter dated October 9, 2003, the CHA informed Galeas of its decision to uphold the termination of her Section 8 rental assistance. The hearing officer found that Galeas assaulted the victim, a minor, and that Galeas's "only witness, namely [her] daughter, contradicted [her] own testimony." The hearing officer also found that because a large crowd gathered, Galeas's actions could have led to "a more serious situations (sic)" and others could have been injured.
On November 11, 2003, Galeas filed a Complaint in this Court pursuant to G.L.c. 30A, §14, requesting that CHA be preliminarily enjoined from terminating her Section 8 rental assistance. This request was denied because this Court (Grabau, J.) found that there was not a substantial likelihood that Galeas would prevail on the merits of her complaint. In her complaint, Galeas also requested that this Court set aside the CHA's decision to terminate her rental assistance and require CHA to pay her moving expenses if she were to keep her Section 8 Voucher. This matter is now before this Court on the defendant, CHA's, motion for judgment on the pleadings. For the following reasons, the motion is ALLOWED.
Decisions by the CHA are subject to review pursuant to G.L.c. 30A, §14. See, e.g., Rudow v. Comm'r of Div. Medical Assistance 429 Mass. 218 (1999); Tarin v. Comm'r of Div. Medical Assistance, 424 Mass. 743 (1997). In such a review, the agency's decision must be upheld unless it is, among other factors, unsupported by substantial evidence; based upon an error of law; in excess of the statutory authority or jurisdiction of the agency; or arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. G.L.c. 30A, §14(7). The party appealing an administrative decision bears the burden of demonstrating the decision's invalidity. Coggin v. Massachusetts Parole Bd., 42 Mass.App.Ct. 584, 587 (1997); Boston v. Outdoor Advertising Bd., 41 Mass.App.Ct. 775, 782 (1996) (citing Merisme v. Bd. of Appeals on Motor Vehicle Liab. Policies & Bonds, 27 Mass.App.Ct. 470, 474 (1989)). In reviewing the agency decision, this Court is required to give due weight to the agency's experience, technical competence, specialized knowledge, and the discretionary authority conferred upon it by statute. Iodice v. Architectural Access Bd., 424 Mass. 370, 375-76 (1997) (citing G.L.c. 30A, §14(7)); Arnone v. Comm'r of the Dep't. of Soc. Services, 43 Mass.App.Ct. 33, 34 (1997); Foxboro Harness, Inc. v. State Racing Comm'n, 42 Mass.App.Ct. 82, 87, rev. denied at 424 Mass. 1107 (1997); Cahalen v. Comm'r of the Dep't of Employment and Training, 41 Mass.App.Ct. 26, 27 (1996); Van Munching Co. v. Alcoholic Beverages Control Comm'n, 41 Mass.App.Ct. 308, 309 (1996); Flint v. Comm'r of Pub. Welfare, 412 Mass. 416, 420 (1992).
The reviewing court may not substitute its judgment for that of the agency. Southern Worcester County Reg'l Vocational Sch. Dist. v....
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