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Elizabeth RIVAS vs. CHELSEA HOUSING AUTHORITY
Elizabeth RIVAS vs. CHELSEA HOUSING AUTHORITY. No. 10-P-976. January 6, 2011. - August 31, 2011. Housing Authority. Municipal Corporations, Housing authority. Administrative Law, Hearing, Agency, Substantial evidence, Regulations. Due Process of Law, Hearing, Housing. Housing. CIVIL ACTION commenced in the Superior Court Department on November 2, 2009. The case was heard by Nancy S. Holtz, J., on motions for judgment on the pleadings. Joshua N. Garick for the plaintiff. Thomas F. Feeney for the defendant. Present: Rapoza, C.J., Mills, & Green, JJ. GREEN, J. After the Chelsea Housing Authority (authority) terminated Elizabeth Rivas's participation in the Massachusetts Rental Voucher Program (MRVP) based on her failure (in violation of MRVP regulations) to notify the authority that her mother had begun living with her, Rivas sought review in the Superior Court. [FN1] On cross motions for judgment on the pleadings, the judge directed entry of judgment in favor of the authority. Rivas appeals, and we affirm. Background. The record of agency proceedings, supplemented by deposition testimony conducted with leave by a judge, discloses the following. Rivas has received housing assistance from the MRVP since 1998. [FN2] Among many conditions, MRVP participants must notify the authority within thirty days of "changes in household income and/or household composition." [FN3] Rivas's mother, Ana Burgos, who formerly had rented an apartment from the authority before moving to Virginia, returned to Chelsea from Virginia in early 2008. Upon her return, Burgos lived for at least two weeks of every month with Rivas. [FN4] On May 5, 2009, Burgos filed an application for housing with the authority. [FN5] That application, along with additional supporting documents, listed Burgos's address as Rivas's apartment. [FN6] By letter dated July 9, 2009, the authority notified Rivas that it was terminating her rental voucher, effective August 31, 2009. The letter asserted that Rivas had breached her obligation to report changes in household composition or income within thirty days. [FN7] The letter also notified Rivas of her right to submit a written request for a grievance hearing within seven days following her receipt of the termination notice. See 760 Code Mass. Regs.

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Massachusetts Law