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Rodriguez v. Chicago Housing Authority

Court of Appeals of Illinois, First District, Sixth Division

June 30, 2015

MARIBELY RODRIGUEZ, Petitioner-Appellant,
v.
CHICAGO HOUSING AUTHORITY, a Municipal Corporation, Respondent-Appellee

As Corrected.

Appeal from the Circuit Court of Cook County. No. 14 CH 4309. Honorable David B. Atkins, Judge, Presiding.

Circuit court reversed; CHA decision confirmed in part, reversed in part and vacated in part; cause remanded to the CHA with directions.

FOR APPELLANT(s): Marc S. Lipinski, Donnelly, Lipinski & Harris, LLC, Chicago, IL.

FOR APPELLEE(s): Scott W. Ammarell, Clay S. Rehrig and Karina Sanchez (Law Student), Chicago Housing Authority, Chicago, IL.

PRESIDING JUSTICE HOFFMAN delivered the judgment of the court, with opinion. Justices Hall and Rochford concurred in the judgment and opinion.

OPINION

HOFFMAN, PRESIDING JUSTICE.

[¶1] The petitioner, Maribely Rodriguez, appeals from an order of the circuit court denying her petition for certiorari and thereby confirming a decision of the respondent, Chicago Housing Authority (CHA), terminating her participation in the CHA's Housing Choice Voucher Program (Voucher Program). For the reasons which follow, we: reverse the judgment of the circuit court; confirm the decision of the CHA in part, reverse the decision of the CHA in part and vacate the decision of the CHA in part; and remand this matter back to the CHA for further proceedings.

[¶2] The Voucher Program provides rental subsidies to eligible families. On July 24, 2012, the petitioner submitted an application to the CHA for continued eligibility in the Voucher Program. In that application, the petitioner reported her address as 3944 West Wrightwood Avenue, Apartment 2, Chicago, Illinois (hereinafter the " subsidized unit" ). She listed herself as the head of the household and listed Carlos Rivera, her son, and Maribely Rivera, her daughter, as members of her household. On that same day, the CHA issued the petitioner a voucher for participation in the Voucher Program which contained the following provisions that are relevant to this appeal:

" 4. Obligations of the Family
A. When the family's unit is approved and the HAP contract is executed, the family must follow the rules listed below in order to continue participating in the housing choice voucher program.
B. The family must:
* * *
10. Promptly notify the PHA [(public housing authority)] in writing if any family member no ...

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