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Dallas Housing Authority / Arbitrary denial of public housing

1 United States Review updated:

I applied for public housing with the Dallas Housing Authority and was denied because of my criminal record, which is relatively minor and the facts they relied upon erroneous.

The actual complaint is as follows.

FORMAL APPEAL AND REQUEST FOR INFORMAL REVIEW

COMES NOW the Applicant-Appellant in the above styled and numbered matter, respectfully appealing the withdrawal of his application for housing to the Dallas Housing Authority and requesting an informal review of the decision.

The notice withdrawing the application is dated May 14, 2007, and a copy of it is appended hereto as Exhibit “A”, along with the background report which was relied upon.

PERSONAL BACKGROUND

Applicant is a sixty (60) year old individual who is disabled, meeting the guidelines and criteria set forth under the Americans with Disabilities Act and the Federal Fair Housing Act. He currently lives in a two-room apartment located at 5110 Bryan Street, Dallas for which he pays $411 monthly in rent. The apartment does not have a kitchen and stove nor any accommodations for Applicants’ diabetic nerve damage for which he needs grab rails in the shower and next to the toilet. Applicant receives Supplemental Security Income (SSI) in the amount of $623 monthly and food stamps. Currently, Applicant’s rent is 65% of this monthly income.



Applicant presently suffers from the following medical problems:

· Type II Diabetes, with neurological nerve damage to the feet requiring a grab bar in the shower and toilet areas;
· Glaucoma with marked narrowing of the field of vision;
· Hepatitis C;
· Asthma;
· Degenerative Disc Disease with foraminal changes to the lower lumbar spine; and
· Edema with swelling of the lower extremities.

Not only do these medical problems demonstrate a genuine need for housing with special accommodations, but argue strongly against him being a threat to other residents due to these severe medical maladies.

Applicant has also reformed himself and at sixty, one must wonder what took so long. Applicant is also New Born Christian who attends the Munger Methodist Church, located at 5200 Bryan and it is submitted that he has changed his life radically and does not pose a threat to others. Appellant’s Parole Office, Mr. Woods of the Garland Parole Office, could have provided information on Applicant’s adjustment while on parole and what kind of threat I pose, if any. Had the Dallas Housing Authority conducted an interview with Applicant based upon both their concerns and the information provided in the background report, a clearer view of Applicant and any danger which he might pose could have been more rationally assessed.

BASIS FOR APPEAL

This appeal is based upon the following facts and the exhibit appended hereto:

I. MOST THE REASONS FOR WITHDRAWING APPLICANT’S APPLICATION DUE TO HIS PRIOR RECORD WERE ERRONEOUS AND NOT FACTUAL IN NATURE OR WERE TOO FAR REMOVED IN TIME TO BE CONSIDERED A VALID INDICATOR AS TO APPLICANT’S PRESENT CHARACTER.

Attached hereto and made a part hereof as Exhibit A, is a copy of (1) the letter giving Applicant notice that his application had been withdrawn and (2) the “Background Report” which was relied upon for this action. This report has notations on it made by Applicant with consists of letters to the left of each entry which will allow a review of his claims which are set forth below. Also, the report contains (1) records of arrests which were without a conviction and consequently cannot be considered; (2) a single record of a drug charge which was a misdemeanor and was subsequently overturned by the Texas Court of Criminal Appeals thus not resulting in a conviction; and (3) multiple entries of a single arrest or arrest with a conviction, which cause the reader to incorrectly view a single event as multiple occurrences. This five (5) page report would have only taken two (2) pages if these multiple entries would have been entered as what they were – a single occurrence of criminal conduct. This portrays Applicant in an unfair light and is greatly prejudicial. These entries are as follows with letter notations to their left side, which are referenced below:

A This is a 14 year old matter involving a traffic ticket in Phoenix and shows no conviction or disposition and cannot legally be considered;
B-C-D These three entries are also of a 14 year old matter involving an unspecified charge and shows neither a conviction nor disposition;
E -F -G -J - K - L All of these entries are of a single conviction on a charge of forgery of a check and a business burglary from 1990 (17 years ago);
H - I Stated as dismissed – from 1990’s;
M - N This is a matter from the 80’s (some 27 years ago) and the burglary was of a business and the drug conviction was overturned by the Texas Court of Criminal Appeals;
O - P These two matters happened when Applicant was a teenager some 47 years ago and are certainly to0 old to be relied upon as an indicator of current threats or recent criminal activity.
Please note that there is not one single conviction involving a crime against an individual.

II. THE REASONS FOR WITHDRAWING APPLICANT’S APPLICATION WERE ARBITRARY AND CAPRICIOUS AND THUS IN VIOLATION OF ESTABLISHED FEDERAL AND TEXAS LAWS AND REGULATIONS

Both the Federal and Texas Administrative Procedure Acts prohibit government agencies from engaging in any action which is arbitrary and capricious and which adversely affects a citizen. See Title 5, United States Code, Sections 701-06.

III. THE DALLAS HOUSING AUTHORITY IMPROPERLY ADMINISTERED THEIR APPLICATION AND WAITING LIST PROCEDURES AND CRITERIA, TO APPLICANT’S SUBSTANTIAL PREJUDICE.

It is respectfully submitted that the Fair Housing Act requires that a Public Housing Authority (hereinafter, “PHA”) must comply with the mandatory regulations and guidelines set forth by the U.S. Department of Housing. See Title 24, Code of Federal Regulations, Section 982.153.

The waiting list which Appellant was placed on ignores the requirements of Title 24, Code of Federal Regulations, Section 982.153, in that Applicant was not placed on such a list on a priority basis; that no determination was made of whether Applicant pays more than 50% of his income for rent (he pays 65%) and whether Applicant was living in substandard housing at the time he made application. Also, it is manifestly unfair to have a person thinking that they are actually on a list for housing, when in reality, Applicant was only on a list to be considered for housing. The effect was for Applicant to rely upon the Dallas Housing Authority solely for housing -- had a determination been made at the initial submission of his application that his criminal record could disqualify him, Applicant would not have needlessly suffered while being housed in a substandard apartment and wasted almost a year waiting on “his housing”.

IV. AT A MINIMUM, APPLICANT IS ENTITLED TO A REASONABLE ACCOMMODATION UNDER THE FEDERAL FAIR HOUSING ACT.

It is respectfully submitted that even should Applicant be deemed to be a threat to other residents at a Dallas Housing Authority facility due to his criminal history, a reasonable accommodation is both justified and warranted in his case and Applicant should be afforded a single family dwelling without neighbors who are clients of the DHA. It is manifestly unfair to subject a person who has not been involved in criminal activities for a noteworthy period to live in poverty, when such poverty only leads to desperation, possibly making criminal activity his only means to survive. The ends of justice and that of society in general would have been best served in accommodating Applicant’s efforts to be a law-abiding individual.

CONCLUSION

It is respectfully submitted that the decision to withdraw Applicant’s opportunity for housing was not justified in the premises and that his application should be reinstated or alternatively, Applicant should be provided with a single family dwelling.
Justice requires no less.

Respectfully submitted,


DATED: May ___, 2007 ________________________
DON VICTOR HARBOLT,
Applicant-Appellant

5110 Bryan Street, Apt. D
Dallas, Texas 75206
[protected]

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Comments

  • Ms
      11th of Nov, 2010
    0 Votes

    In late August or early September, I received a withdrawal letter because of a missed appointment I never received. The same day, a written request was submitted in person at the DHA building on Hampton who stated my address wasn't updated with them. I told the lady I was speaking to that I changed my address with the post office. The hearing was on 10/14/2010 at 2:30 PM. At that time, I presented a bank statement to the DHA legal representative to show proof of changing my address with the US Post Office on May 3, 2010. The legal department told me a letter would be sent out in a week with the decision made. On 11/10/2010 I received a letter stating my application will not be reinstated because of 600-1 Section. I then called the operations department, spoke with Carolyn who said the final decision can not be appealed. She also said that there is no way of proofing I never received the appointment letter. After asking for a complaint line, I was informed that DHA doesn't have a complaint line but she did give me the number to the Vice President (left message). After trying to dispute the decision with no luck, I called the US Post Office at 214-327-5028, spoke with Robert who confirmed when I changed my address and the date they started forwarding my mail to the new address. I would like to get documentation showing when DHA sent the appointment letter out (will pay for documents). DHA is arguing that I should have changed my address with the company. My dispute is that the US Post Office will forward any mail that comes to the old address to the new address. I just would like a fair chance. Even if the appointment letter came late, I should have received it.

  • La
      11th of May, 2013
    0 Votes
    Dallas Housing Authority - crimal backround
    dallas housing
    Dallas
    Texas
    United States
    Phone: 214 438 7484

    DDallas housing saying i was charged with a felony which i was not i have court documents to prove it so they terminated my grandma off the program for no reason i was on her lease um seeking legal advice my name is lavor horton my gra d mother name is ollie horton the lady who terminated us was sheail Reynolds of dallas houses hearing office. my # 214 438 7484 or 214 3zero9 1952

  • Co
      11th of May, 2013
    -1 Votes

    Get a Job!

  • Ch
      26th of Nov, 2014
    0 Votes

    There is a tenent that is receiving government housing assistance. They live close to me.
    The man constantly grills on the patio. I have told the manager and the manager shrugs it off. I am afraid because the complex is old and surrounded by large trees. The trees are very dry because there is no routine watering at the complex. He also grills on very windy days. I am afraid there may be a fire because it is so close to the roof. Lately the tenent has started construction in the patio area. It is very out of character with the building complex. Other then that, there is no city of dallas building permit. Isn't it illegal for apartment tenents to construct on the property? What about permits. This is at Walker Place Apartment1102 in Dallas.

  • Ma
      8th of May, 2015
    0 Votes

    be careful with these types of programs. if you forget to mention anything or make a mistake on paperwork because of your own impressions it can be stressful. prayers this community can listen a bit more and have soften hearts. I went to the army in 2004 and seen money literally burned in my face. we do have the money, but when it comes to taking care of regular folks its never enough they say. stay prayed up, and if given a chance to fix errors don't make any mistakes in future cause the housing department is tricky.

  • Ma
      12th of Sep, 2018
    0 Votes

    yes I have a complaint I was wondering I have a sister by the name of Julissa marquise McCullough and they told her that that had to remove me from her voucher because I use to be on probation but she has this fraud female living with her her background is awful theft fraud and she is on probation so is it anyone I can talk to about this illegal info my sister knows that this girl cant stay there the voucher holder name is Julissa marquice McCullough 7/24/1987

  • Ma
      12th of Sep, 2018
    0 Votes

    and by the way the fraud female name is Lawanna Nicole everage this is marcus McCullough and the voucher holder is Julissa McCullough d o b 7/24/1987

  • Al
      13th of Sep, 2018
    0 Votes

    hello my name is angelic darson and I was making a complaint on ms Julissa McCullough d, o, b is 7/24/1987 I believe that the voucher she holds actually was her grandmothers so she has this nasty trashy female she goe by nene her legal name is lawnna Nicole everage this female has a lot when it comes down to her she has had a male set up and she end up getting shot and she has multiple dui cases theft fraud she actually was homeless until this female turn her on to Julissa marquise McCullough her d o b 7/24/1987 and she was stealing from Julissa and every thing and she was going around bragging telling different people that I run this [censored] but he reason of this note Lawanna Nicole everage is a fraud she works in others names she takes people info and use it and she beats Julissa McCullough pull her all her hair out bragging tell other how I got Julissa against her no good as family and I beat her slow retarded ass and yeah she also says I run this housing voucher

  • Al
      13th of Sep, 2018
    0 Votes

    o I left a couple of things out the client name is Julissa McCullough and the unorthorized occupant is Lawanna Nicole everage and she is a death wish people has shot her for thefi and she has the elderly set up doing and around the first of the month this are pictures of the unauthorized occupant below

  • Tr
      24th of Sep, 2018
    0 Votes

    @Allen Omni THIS FEMALE LAWANNA NICOLE EVERAGE IS WANTED

  • Al
      15th of Sep, 2018
    0 Votes

    to who may concern my name is Nathan arbuckle and this female name julessa McCullough has probationers living with her and the people that are living with her are cons and the female one of them that lives with her I guess she doesn't like julessa brother and she has paid 2 black male to harm him so if anybody could get intouch with him she has did that because he doesn't like her so she noes that he see thru her so actually if you gys would do a inspection with out giving her a notice you would catch the female there and sorry but I had to repost this I had to get the correct spelling of her name Julissa McCullough I had to go back to get the correct spelling of it because people like this frauding is making it bad for others

  • Tr
      24th of Sep, 2018
    0 Votes

    yes my name is amber vontussle and I was wondering I was on dallas housing and Julissa McCullough was constanly contacting housing becaude my lady was living with me and now the shoe is on the other feet she has a convicted wanted felon livivg with her I have tried to contact her case manager no reply this is terrible the girl was sleeping in her car now she staying with julissa marquise McCullough d o b 7/24/1987 I will be contacting local news brocasting station how you guys are let certain clients getting away with such fraud and I will try protesting also

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