Due Process

The law firm has a client (Mark Time) whose state housing assistance benefits have been summarily stopped. The client received a letter stating that the state housing board had received information that the client was conducting illegal activity in the home, in violation of the law and the requirement to be "of good standing" in order to receive housing aid. The letter did not state any process for an appeal. The client wants to sue the state for violation of his constitutional rights. Willy Understand has researched and found a due process case that he thinks is applicable but, since he is still in his "learning curve," is just not sure.

Read the case ofGoldberg v Kelly(the case that Willy found) and then help Willy sort out the legal issues by answering the following questions.

1. Would this case apply to Mr. Time's case? Why or why not?
2. Does it matter that the kind or type of social service or welfare benefits in question are different in the two cases? Why or why not?
3. What would be the best way to remedy this situation so that it does not happen to future recipients of state benefits? What body of law or laws is applicable to this situation?
4. Is due process required in all administrative matters? Are there exceptions?

Reference

Goldberg v. Kelly. Ballotpedia. https://ballotpedia.org/Goldberg_v._Kelly