Because this case predates PACER, we had access to a limited number of documents to write this case summary.

On August 3, 1984, applicants for public housing who had been or would be denied filed this class action in the Western District of Missouri. The plaintiffs sued the Housing Authority of Kansas City and its Executive Director under 42 U.S.C § 1983. Per Carolyn Hoecker Luedtke’s Missouri Law Review article, the plaintiffs alleged that the Housing Authority failed to provide proper due process hearings and notices to public housing applicants who were denied assistance. The plaintiffs were represented by Legal Aid of Western Missouri and they were granted class certification to represent all applicants for public housing operated by the Housing Authority of Kansas City. The case was adjudicated by District Judge Dean Whipple.

In October 1988, the two parties entered into a consent decree in which the Housing Authority promised to improve its administrative procedures for determining the ineligibility of applicants for public housing. Specifically, the consent decree outlined the rights ineligible applicants can use in a hearing to present any mitigating or extenuating circumstances that resulted in the ineligible determination. The consent decree also allowed applicants owing money to the Housing Authority to enter into a payment plan to pay off their debt in monthly installments that would not cause financial instability to the applicant. Finally, Legal Aid of Western Missouri retained the right to inspect the applications of ineligible applicants every two months. In addition to the consent decree, the plaintiffs were awarded attorney fees. The case is closed.

Justin Hill - 10/23/2019


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