SMRLS’ District Court Appeal Affirms DHS Jurisdiction in Housing Support Terminations
By Brianna Boone, Assistant Director of Litigation & Advocacy, Southern Minnesota Regional Legal Services
In a recent appeals case to district court, Southern Minnesota Regional Legal Services (SMRLS) affirmed a client’s right to a housing support termination appeal with the Minnesota Department of Human Services (DHS).
Samantha Kleiser, staff attorney for SMRLS's Southeast Economic Justice and Elder Law Units, represented the 63-year-old client, who relies on housing support through Olmsted County to pay her rent and to provide health services in her home so she can live independently. At issue was the threat of housing support termination by her provider—Zumbro Valley Mental Health Center—due to allegations of fraudulent activity associated with an internet provider. The client contested the allegations of the housing support provider and disagreed with the factual basis of the termination.
Kleiser appealed to DHS, based on Minn. Stat. 256.045, subd. 3(a)(1), which allows individuals who receive county public assistance to appeal terminations of their assistance through the DHS fair hearing process.
After a pre-hearing conference, the Human Services Judge dismissed the client's appeal, holding that DHS does not have jurisdiction over a housing support provider's decision to terminate someone from their program, and only has jurisdiction over a county's action to terminate someone's housing support benefits altogether. Because Olmsted County was not terminating the client's benefits, the judge decided there was no issue for DHS to hear on appeal.
Kleiser appealed DHS's decision to district court, arguing that the language of the statute provides DHS with jurisdiction to hear appeals of housing support provider terminations, and that to hold otherwise would be a violation of procedural due process protections under the Minnesota Constitution.
Judge Erin Felten agreed, holding that Minn. Stat. 256.045, subd. 3(a)(1) provides DHS jurisdiction over appeals of actions by housing support providers who terminate a recipient from their program. Judge Felten remanded the case back to DHS to hold a fair hearing on the merits of the termination.
In summary, individuals who receive housing support benefits and receive a termination of services by their provider have a right to appeal that termination to DHS under Minn. Stat. 256.045, subd. 3(a)(1). Most providers do not advise participants with notice of their right to appeal when terminating services, and many counties disagree that participants have this right. Judge Felten's decision confirms that they do in fact have a right to appeal. Legal advocates should assist housing support participants with these appeals when possible, including any dismissals for lack of jurisdiction to district court as these dismissals are legally improper. If you are interested in a copy of the decision or have questions, contact brianna.boone@smrls.org.