2009AP2204 Bratcher v. Housing Authority of the City of Milwaukee

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Constitutional Law
Public housing; due process

Even though a notice denying housing assistance stated the denial was the result of a disorderly conduct citation, the notice was inadequate.

"Like the court in Driver, we conclude that the written notice and the written decision in this case 'fall appallingly short of the mark.' See id. As noted, the written notice simply stated Bratcher's application was being denied 'based on the findings of your background check' and listing the following two reasons: '1. You were arrested for Battery on 9/14/04 by the Milwaukee Police Department. 2. You were found guilty of Disorderly Conduct on 10/7/03 in Milwaukee Municipal Court, Case No. 03132433.' The written decision briefly summarized the testimony concerning the disorderly conduct citation and then concluded: 'This is the type of behavior that the Rent Assistance Program tries to screen out.'"

"Both the written notice and the written decision failed to provide Bratcher with a sufficient explanation of the reason her application was being rejected. The written notice failed to provide any details about the arrest and forfeiture, and did not even attempt to explain the legal significance of those events to an application for rent assistance. The written decision included more facts, but, like the written notice, it failed to explain how those facts constitute a basis for denial of rent assistance."

Affirmed.

Recommended for publication in the official reports.

2009AP2204 Bratcher v. Housing Authority of the City of Milwaukee

Kessler, J.

Dist. I, Milwaukee County, Dugan, J., Kessler, J.

Attorneys: For Appellant: Riordan, Christopher P., Milwaukee; Raines, Douglas M., Milwaukee; For Respondent: Hartman, April A.G., Milwaukee

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