Henson v. Cuyahoga Metro. Hous. Auth.
2016 Ohio 8146
| Ohio Ct. App. | 2016Background
- In Feb 2015 Henson entered the Section 8 voucher program administered by CMHA and leased a unit; CMHA paid all rent.
- CMHA conducted an occupancy check June 23, 2015 and found the unit vacant.
- On Nov 10, 2015 CMHA mailed Henson a "Proposal for Termination" giving her 15 days to request a hearing (deadline Nov 25, 2015).
- Henson says she did not receive the Nov 10 notice until Dec 8 (email); she requested a hearing Dec 15, 2015 and CMHA denied it as untimely.
- Henson filed an administrative appeal in Cuyahoga C.P. Ct.; the clerk sent the notice to CMHA by FedEx on Jan 13, 2016 and CMHA received it Jan 19, 2016.
- CMHA moved to dismiss under R.C. 2505.04/2505.07 arguing the administrative appeal was not perfected within 30 days and therefore the court lacked subject-matter jurisdiction; the trial court granted dismissal and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the administrative appeal was perfected timely so the common pleas court acquired jurisdiction | Henson contends filing the notice with the clerk before the deadline (with expectation clerk would serve CMHA) perfected the appeal | CMHA contends the appeal was not perfected because it did not actually receive the notice within the 30-day statutory period | Appeal was not perfected: CMHA did not receive notice within the 30-day period, so the court lacked jurisdiction; dismissal affirmed |
Key Cases Cited
- Henley v. Youngstown, 90 Ohio St.3d 142 (2000) (standard of review for common pleas court on administrative appeals)
- Kisil v. Sandusky, 12 Ohio St.3d 30 (1984) (appellate review limited to whether common pleas court decision is supported by the evidence)
- Welsh Dev. Co., Inc. v. Warren County Regional Planning Comm., 128 Ohio St.3d 471 (2011) (filing does not occur until the agency actually receives the notice within the statutory period)
- AT&T Communications of Ohio, Inc. v. Lynch, 132 Ohio St.3d 92 (2012) (common pleas court acquires jurisdiction only after the administrative appeal is perfected)
- Conrail v. Forest Cartage Co., 68 Ohio App.3d 333 (1990) (appellate courts bound by supreme court precedent)