The Spring Valley PHA attempted to terminate the tenancy of a person registered as a "Level 2" sex offender. The PHA based its action on the purported authority of admissions and occupancy policies not adopted until 2003, for an offense that occurred in 1990. The PHA was notified by the police department in 2005 that the client was a registered offender. The client had not been a public housing tenant at the time of the offense, nor did he fail to disclose any required information at the time of his admission or subsequently. Also, he had had no criminal justice involvement since he had been admitted.

Counsel raised the defense in the summary proceeding brought by the PHA to evict. The Justice Court reviewed the issue de novo, effectively over-riding the decision of the PHA's hearing officer in the administrative grievance hearing.

The case is Spring Valley Housing Authority v. Lamarre, Reference #035-06, Spring Valley Justice Court, April 27, 2006.