Tolliver v. Housing Authority of the County of Cook

Digitally signed by Reporter of Decisions Illinois Official Reports Reason: I attest to the accuracy and integrity of this document Appellate Court Date: 2017.10.02 12:00:21 -05'00' Tolliver v. Housing Authority, 2017 IL App (1st) 153615 Appellate Court CHERRISH TOLLIVER, Petitioner-Appellant, v. THE HOUSING Caption AUTHORITY OF THE COUNTY OF COOK, Respondent-Appellee. District & No. First District, Fifth Division Docket No. 1-15-3615 Rule 23 order filed March 31, 2017 Motion to publish granted May 17, 2017 Opinion filed May 19, 2017 Decision Under Appeal from the Circuit Court of Cook County, No. 13-CH-8364; the Review Hon. Sophia H. Hall, Judge, presiding. Judgment Circuit court reversed; hearing officer’s decision reversed; and cause remanded with directions. Counsel on Erin Solomon, Eric Shinabarger, and Delilah Flaum, of Winston & Appeal Strawn LLP, and Patricia Nelson and Ian Turnipseed, of Chicago Volunteer Legal Services, both of Chicago, for appellant. Michael E. Kujawa and Deborah A. Ostvig, of Schain, Banks, Kenny & Schwartz, Ltd., of Chicago, for appellee. Panel JUSTICE HALL delivered the judgment of the court, with opinion. Presiding Justice Gordon and Justice Reyes concurred in the judgment and opinion. OPINION ¶1 Petitioner Cherrish Tolliver appeals from a judgment of the circuit court affirming a decision of the respondent the Housing Authority of the County of Cook (HACC) terminating her federally subsidized housing voucher she was receiving pursuant to the Section 8 Housing Choice Voucher Program (HCV Program). For the reasons that follow, we reverse and remand with directions. ¶2 BACKGROUND ¶3 Petitioner became a participant in the HCV Program in 2007. The program is a federally-funded one in which the United States Department of Housing and Urban Development (HUD) provides rent subsidies to eligible families to assist them in renting privately-owned housing. See 42 U.S.C. § 1437f(o) (2006); 24 C.F.R. § 982.1(a)(1) (2006); Khan v. Bland, 630 F.3d 519, 523-25 (7th Cir. 2010). The program is governed by the Code of Federal Regulations (Federal Code) (24 C.F.R. § 982.1 et seq. (2006)) and is administered on the local level by governmental entities referred to as public housing agencies or PHA’s (24 C.F.R. § 982.1(a) (2006)), such as the Chicago Housing Authority (CHA).1 Under the HCV Program, petitioner’s landlord received a voucher from the HACC to subsidize a portion of her rent for a house located at 13841 Kanawha Avenue, Dolton, Illinois. See 24 C.F.R. § 982.451 (2006). As one of the conditions for participating in the HCV Program, petitioner agreed to report in writing within 30 days when there was an increase in her household income. ¶4 In October 2012, the HACC alleged that the petitioner violated this condition. In a letter dated October 16, 2012, the HACC notified petitioner that it intended to terminate her from the HCV Program, effective November 30, 2012, on the ground that she had failed to timely report an increase in household income from her employment with the Diamond Detective Agency. ¶5 Petitioner appeared pro se and challenged the termination at an informal administrative hearing held before a ...

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