Basco v. Machin, 514 F.3d 1177 (11th Cri. 2008)
N/AOUTCOME: Won reversal.
Federal Section 8 Housing Voucher Subsidy. The Court of Appeals held that voucher termination was illegal. (1) The voucher holder has right to sue in U.S. Dist. Ct. under 42 U.S.C. 1983. (2) The pub ... lic housing agency (PHA), headed by Defendant Machin, is charged by 24 C.F.R. 982.555 with the "burden of persuasion" in a voucher termination proceeding. (3) The PHA failed to present evidence sufficient to establish a prima facie case to meet this burden. (4) The alleged basis for termination, having an unauthorized resident living in the subsidized dwelling, was per se not established by a mere listing of a person's name and the dwelling's address in a police report.
