recertification process." Subsection 1 of § 7-7(B) covers the "Initial Notice" and includes
the word "must" six times. Subsection 2 of § 7-7(B) covers the "First Reminder Notice" and
includes the word "must" four times. Subsection 3 of § 7-7(B) covers the "Second Reminder
Notice" and includes the word "must" three times. Subsection 4 of § 7-7(B) covers the
"Third Reminder Notice" and includes the word "must" four times. Samples of these four notices
are attached to the HUD Handbook as Exhibits.
By comparison, the required procedures to terminate assistance where one of the six [*14]listed circumstances have occurred are much less stringent. The
Handbook requires just one notice, without providing a sample, provides simply a list of five
items that "should" be included in that notice and states that the notice "should" be served in the
manner stated in the HUD Handbook. According to the "Change-2 Transmittal" which can be
found in the HUD Handbook between the cover page and the table of contents, the word
"should" was substituted for the word "must" as part of the batch of changes that were made
effective June 29, 2007.
"Should" and "must" necessarily have different meanings, with the former being advisory
and the latter mandatory. As stated in the on-line Merriam-Webster dictionary, "should"
expresses obligation, propriety or expediency, as in "you should brush your teeth after each
meal", and "must" expresses a command or request, as in "you must stop". As explained in
Talbot v Board of Education (171 Misc 974, 980, 14 NYS2d 340, 346-347 [Sup Ct NY
Co Special Term 1939]):
Under the general rule of statutory construction words of command are construed
as peremptory unless there is something in the act or surrounding circumstances to indicate a