Suit by Marion DurrahIN THE IOWA DISTRICT COURT, IN AND FOR DUBUQUE COUNTY
MARION DURRAH,
Vs.
DUBUQUE HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT;
DAVID HARRIS, IN HIS CAPACITY AS
DIRECTOR OF THE ASSISTED
HOUSING PROGRAM;
and
CITY OF DUBUQUE,
Defendants.
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Plaintiff,
Case No. CVCV 98615
ORDER ON APPEAL
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This matter comes before the Court pursuant to a petition for writ of certiorari filed on
January 6, 2010. The Plaintiff appeared through Counsel Alex Kornya. The Defendants
appeared through Counsel Crenna Brumwell.
The Plaintiff asserts that the Dubuque Housing and Community Development
Department (hereinafter "Department ") improperly executed its authority to discontinue her
Section 8 rental housing assistance. The assistance was terminated as a result of evidence
presented to the Department that the Plaintiff permitted unauthorized individuals to reside with
her or use her address in violation of her housing voucher. Pursuant to her request for appeal of
the decision to terminate her assistance, an informal hearing was conducted and David Harris in
his capacity as the director of the assisted housing program. Plaintiff indicated to Mr. Harris that
a subpoena would be sought for documentation that may have been within the custody of the
housing authority. Mr. Harris indicated to counsel that subpoenas were not available in this type
of informal action. The hearing proceeded with documentation being offered by the Defendant
that would not have otherwise been available to the Plaintiff. Most of the documentation was
from law enforcement sources and constituted hearsay per Plaintiff.
The fundamental requirement of due process is the opportunity to be heard at a
meaningful time and in a meaningful manner. Mathews v. Elderidge, 424 U.S. 319, 333 (1976)
(citations omitted). The Plaintiff was denied the right to proceed in a meaningful manner when
the housing authorities denied her the ability to obtain records. Some records, due to the manner
by which they are maintained, were not available to the Plaintiff without a subpoena. Plaintiff
would be entitled to records which may or may not have presented exculpatory evidence. As the
City of Dubuque has created the housing authority, which therefore makes it subject to the
Dubuque Municipal Code, it is bound to conduct statutorily required hearings per the guidelines
of the code.
Plaintiff also assigns error to the Director's receipt of hearsay testimony concerning the
use of the Washington Street residence by unauthorized individuals. The Court will not address
the hearsay issue as the lack of due process requires that this matter be remanded for the Plaintiff
to secure receipt of documentation to fulfill the ability to participate in the hearing in a
meaningful manner.
ORDER
The Court hereby REMANDS this matter to the Dubuque Housing Authority Director
for a new hearing to permit the Plaintiff full opportunity to be meaningfully heard. The
Defendants shall comply with requests for subpoenas as permitted by code and consistent with
this ruling.
On
AD
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Costs associated with this proceeding are assessed to the Defendant.
Done and Ordered this January 19, 2011.
Co ies Mailed to:
By. c 1 t_t _
MONICA L. ACKLEY
Electronically submitted _X_
DISTRICT COURT JUDGE
FIRST JUDICIAL DISTRICT OF IOWA
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