Reilly v. Marin Housing AuthorityAnnotate this Case
Reilly and two daughters moved into a Novato apartment in 1998. They received Section 8 housing assistance payments. In 2004 one daughter moved out, but Reilly failed to inform the Marin Housing Authority (MHA) of her departure. Five years later, when Reilly told MHA that this daughter no longer lived with her, MHA informed Reilly that her failure to report the departure earlier was a violation of program rules and that she had to pay damages of $16,011. Reilly and MHA agreed to monthly payments; they revised the plan several times, eventually reducing Reilly’s obligation to $150 per month. Reilly missed multiple payments. Reilly requested that MHA recalculate her rent and exclude her income from the In-Home Supportive Services (IHSS) program, which compensates those who care for aged, blind, or disabled individuals incapable of caring for themselves. Reilly’s daughter suffers from a severe developmental disability. MHA proposed termination of her Section 8 voucher. Reilly argued that MHA improperly included her IHSS payments as income. A hearing officer upheld MHA’s decision to terminate Reilly’s housing voucher. The trial court and court of appeal affirmed. The IHSS money Reilly receives is “income” within the meaning of HUD regulations; MHA should include it in calculating Reilly’s housing assistance payment.