Figgs v. Boston Housing Authority
469 Mass. 354
| Mass. | 2014Background
- Trenea Figgs, a Section 8 (HUD Housing Choice Voucher) participant, lived with her three children in a Boston apartment; her brother Damon Nunes visited and sometimes babysat.
- Police executed a search warrant on October 24, 2011; they found two plastic bags of marijuana, cash, a box of sandwich bags, ID cards for Nunes, and a .380 Ruger pistol with five rounds on the back porch; Nunes was arrested and charged with drug and firearm offenses.
- The Boston Housing Authority (BHA) notified Figgs on November 22, 2011 of its intent to terminate her voucher for serious or repeated lease violations (lease ¶10(a): prevent criminal activity on premises); Figgs requested an informal hearing.
- At the informal hearing the hearing officer relied on police reports, the CI’s statements (in the search-warrant affidavit), and other evidence to find Nunes committed drug distribution-related activity and illegally possessed a firearm on Figgs’s premises, and concluded Figgs failed to control a person under her control.
- The hearing officer found the violations "serious" and terminated Figgs’s Section 8 assistance; the Housing Court reversed, emphasizing (1) no evidence of marijuana weight (so simple possession might be decriminalized under G. L. c. 94C, § 32L) and (2) the CI’s hearsay lacked sufficient indicia of reliability regarding the firearm.
- The SJC reviewed for substantial evidence/abuse of discretion and reversed the Housing Court, holding there was substantial evidence of possession with intent to distribute and unlawful firearm possession and that termination was within BHA discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nunes engaged in criminal or illegal activity on the premises (drugs) | Figgs: No reliable evidence of drug crime because marijuana weight not shown; G. L. c. 94C, § 32L decriminalizes ≤1 oz possession | BHA: Totality of evidence (two bags, sandwich bags, cash, police charging decision) supported inference of possession with intent to distribute | Held: Substantial evidence supported finding of possession with intent to distribute; court did not decide whether simple possession ≤1 oz alone would violate lease |
| Whether Nunes unlawfully possessed a firearm on the premises and whether CI hearsay was admissible/reliable | Figgs: Hearing officer improperly relied on CI hearsay lacking indicia of reliability and no direct testimony placing firearm in apartment | BHA: CI statements, corroboration (observations of Nunes entering/leaving, warrant issued, pistol found where CI said) provided sufficient indicia of reliability; hearsay admissible in administrative hearing | Held: CI hearsay bore sufficient indicia of reliability when considered with corroborating evidence; substantial evidence supported unlawful possession finding |
| Whether the lease violation was "serious" warranting termination of Section 8 assistance | Figgs: Even if some misconduct occurred, termination was an abuse of discretion given lease-history and mitigating factors; decriminalization of simple possession relevant | BHA: Drugs plus loaded firearm posed safety threat and supported terminating assistance under 24 C.F.R. § 982.552(c) discretion | Held: Hearing officer did not abuse discretion; considering seriousness, culpability, and mitigating factors, termination was permissible |
| Proper standard and scope of review for Housing Court/this court | Figgs: Housing Court erred in applying state drug statute instead of federal/administrative standards | BHA: Federal regulations and administrative-plan standards govern; review is certiorari/substantial-evidence or abuse-of-discretion | Held: Review under G. L. c. 249, § 4 with substantial-evidence/abuse-of-discretion approach; Housing Court erred in overturning BHA where substantial evidence existed |
Key Cases Cited
- Costa v. Fall River Hous. Auth., 453 Mass. 614 (2009) (hearsay admissible in Section 8 hearings if it bears substantial indicia of reliability)
- Carter v. Lynn Hous. Auth., 450 Mass. 626 (2008) (Section 8 hearing-process and preponderance standard for factual findings)
- Commonwealth v. Keefner, 461 Mass. 507 (2012) (discussing G. L. c. 94C initiative and related marijuana law context)
- Doe, Sex Offender Registry Bd. No. 10800 v. Sex Offender Registry Bd., 459 Mass. 603 (2011) (administrative hearsay with indicia of reliability can constitute substantial evidence)
- Garrity v. Conservation Comm'n of Hingham, 462 Mass. 779 (2012) (standards of review vary by adjudicatory vs. discretionary administrative actions)