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evidence/testimony” subsection includes a summary of the testimony given by the
participants and lists the 12 exhibits relied on by the hearing officer. Finally, the “hearing
decision” subsection reads in relevant part as follows: “Based on the clear evidence
presented at the informal hearing by [the housing authority’s representative] it is clear
that Ms. Etta Johnson was evicted from her residential unit and that she failed to notify
the . . . housing authority of her eviction. [¶] During her testimony, Ms. Johnson never
offered a reason as to why she did not notify the Authority that she was facing eviction
for her subsidized residential unit. [¶] Therefore, upon review of the evidence presented
in the hearing, it is determined that the preponderance of the evidence does support the
Housing Authority’s decision to terminate Ms. Etta Johnson from the section 8 program.
It is determined that the Oakland Housing Authority’s decision to terminate Ms.
Johnson[] from [the section 8 program] is UPHELD.”
The parties disagree whether the above notice reflects a decision to uphold the
termination of Johnson from the program on each of the proposed grounds or merely on
her failure to supply the housing authority with the required eviction notice. The
distinction is significant because termination is mandatory under a finding that she was
evicted for committing serious and/or repeated violations of the lease but merely
discretionary under the remaining two findings. Although there is some ambiguity in the
hearing officer’s written decision, read as a whole we believe the decision upholds the
termination on each of the identified grounds. Moreover, even if the decision should be
read narrowly as Johnson suggests, the single ground is sufficient to comply with due
process.
As set forth above, due process in this instance required the hearing officer to
issue a written decision, stating briefly the reasons for the decision sufficient to advise the
recipient of the basis for her termination from the program and to allow judicial review.
Contrary to Johnson’s argument, the summary of evidence sufficiently identifies the four
incidents that support the lease violations that led to her eviction and the documents on
which the hearing officer relied in finding that she had repeatedly violated her lease. The
repeated violations were serious, so that that Johnson was properly evicted for the lease