Sufficiency of the Notice Sample Clauses

Sufficiency of the Notice. Sufficiency of the pre-suit notice is a recurring issue in public housing evictions. Tenants who receive federal rent subsidies under Section 8 have “constitutionally protected property rights in an expectation of continued occupancy and receipt of rent and utility subsidies.” Xxxxxxxx v. Georgia Residential Finance Authority, 678 F.2d 919 (11th Cir. 1982). Private owners of federally assisted housing are subject to constitutional restrictions because of their close involvement with the federal government. Xxxxxx Xxxxxx Tenants Org. v. Federated Mortgage Inv., 504 F.2d 483, 487–88 (9th Cir. 1974). The trial Court’s decision with respect to the sufficiency of the notice in a public housing eviction case should be informed by the overarching constitutional requirements. “The minimum procedural safeguards required by due process in each situation depend on the nature of the governmental function involved and the substance of the private interest which is affected by the governmental action,” Xxxxxxxx v. New York City Hous. Auth., 425 F.2d 853, 865 (2d Cir.), cert. denied, 400 U.S. 853, 861 91 S.Ct. 54, 27 L.Ed.2d 91 (1970). See, Xxxxxxx x. Xxxxxxx, 531 X. Xxxx. 2d 460, 470-71 (E.D.N.Y. 2008) holding that the Court is required to “use the three-factor balancing test articulated in Xxxxxxx x. Xxxxxxxx, 424 U.S. 319, 335, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) in deciding whether the demands of the Due Process Clause are satisfied,” quoting Krimstock x. Xxxxx, 464 F.3d 246, 253 (2d Cir. 2006). “First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.” Xxxxxxx x. Xxxxxxxx, 424 U.S. at 335. As indicated above, the notice of termination for violations other than non-payment of rent should be fairly specific in a public housing scenario. The HUD Handbook, 4350.3 REV-1, Section 8-6, paragraph A. 3, recommends that the incidents be described specifically including the date, location and names of persons involved.