2
(Cole v. Metro. Council HRA (Minn. Ct.App. 2004) 686 N.W.2d 334, 338.) While “due
process generally requires the decision-maker to state the reasons for his determination
and indicate the evidence upon which he relied . . . the decision need not amount to a ‘full
opinion or even formal findings of fact and conclusions of law.’ ” (McCall, supra, at
p. 1324.) The purpose of the written decision is, in part, to demonstrate that “the
decisionmaker’s conclusion as to the recipient’s eligibility . . . rest[s] solely on the legal
rules and evidence adduced at the hearing.” (Goldberg, supra, at p. 271.)
Similarly, the HUD regulations require a local housing authority to provide
“prompt written notice” of intended termination of benefits. The notice must: “(i) Contain
a brief statement of reasons for the decision; (ii) State that if the family does not agree
with the decision, the family may request an informal hearing on the decision, and
(iii) State the deadline for the family to request an informal hearing.” (24 C.F.R.
§ 982.555(c)(2).) With respect to pre-termination hearings, the HUD regulations
incorporate the Goldberg standard as follows: “ ‘[T]he person who conducts the hearing
must issue a written decision, stating briefly the reasons for the decision.’ ” (McCall v.
Montgomery Hous. Auth., supra, 809 F.Supp.2d at p. 1325, citing 24 C.F.R.
§ 982.555(e)(6).)
Factual and Procedural Background
On February 3, 2015, Johnson’s section 8 landlord served on her a “lease violation
notice” informing her that she had violated the terms of her lease by following another
tenant of the property to his apartment and using profanity. On June 30, 2015, the
landlord issued a “notice to cease” stating that management had received a complaint
from a resident alleging that she had used pepper spray against him. Finally, on February
29, 2016, landlord’s counsel served a “ninety-day notice of termination of tenancy” on
Johnson on the ground that she “continued to be in substantial violation of . . . [her] rental
agreement and continued to be so disorderly as to destroy the peace and quiet of other
tenants of the property.” The notice stated: “[O]n January 19, 2016, management
received a complaint letter from a fellow female resident stating that you had used
profane language and made threats of bodily harm . . . [to] this complaining resident and