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STATE OF MINNESOTA IN COURT OF APPEALS A10-2053 Melissa Peterson, Relator, vs. Washington County Housing and Redevelopment Authority, Respondent. Filed August 15, 2011 Affirmed Ross, Judge Washington County Housing and Redevelopment Authority Michael W. Hagedorn, Southern Minnesota Regional Legal Services, St. Paul, Minnesota (for relator) Kathleen M. Brennan, Joelle M. Lester, McGrann Shea Carnival Straughn & Lamb, Chartered, Minneapolis, Minnesota (for respondent)

Considered and decided by Ross, Presiding Judge; Stoneburner, Judge; and Stauber, Judge. SYLLABUS A local housing authority's decision to terminate a Section 8 housing voucher participant's benefits is not arbitrary and capricious merely because the housing authority's hearing officer failed to consider the mitigating factors listed in title 24, section 982.552(c)(2)(i), of the Code of Federal Regulations.

OPINION ROSS, Judge After Section 8 participant Melissa Peterson failed to provide the Washington County Housing and Redevelopment Authority timely change-of-income information required by local rules, the authority's hearing officer decided to terminate her housing assistance. On appeal by writ of certiorari, Peterson challenges the hearing officer's decision, arguing that the authority's rule requiring participants to report changes in income within five days is not allowed by federal law and that the hearing officer failed to consider relevant facts, make required findings, and base those findings on sufficient evidence. Because we hold that federal law authorizes the local authority to impose the rule, and that the hearing officer was not required to consider mitigating personal circumstances to excuse Peterson's reporting failure, and that the evidence supports the decision, we affirm. FACTS Relator Melissa Peterson, an unemployed single mother of four children, was receiving rent subsidies under the Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher Program for eight years when the events giving rise to the conflict in this case occurred. The voucher program provides qualifying persons with funds to subsidize their monthly rent, 42 U.S.C.

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