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Nguyen [petitioner’s mother] submitted on the first of
November of each year claiming head of household status
for Section 8 housing. I understand that HUD - Fairfax
Co. contributed $482.00 to Ms. Nguyen’s monthly rent
during 1999 in the amount of $724.00 for the 2 bedroom
unit, and that Ms. Nguyen’s payment was $242.00 per
month. I would appreciate receiving copies of
documentation substantiating HUD’s monthly payment and
Ms. Nguyen’s monthly rental payment during 1999,
whether it be copies of canceled checks, rental
ledgers, or any other form of documentation.
In addition, if you will, please provide copies of
Ms. Nguyen’s annual application claiming head of
household for Section 8 assistance.
In late April 2001, respondent received documentation from
the apartment complex manager establishing that Mrs. Nguyen,
petitioner, and petitioner’s son resided in a rent-subsidized
apartment and that Mrs. Nguyen received Supplemental Security
Income (SSI). The documentation also included a statement,
signed by Mrs. Nguyen and petitioner, that identified Mrs. Nguyen
as the head of the household and that showed the amount of Mrs.
Nguyen’s SSI as greater than the amount of petitioner’s income.
By letter dated May 18, 2001, respondent’s paralegal
proposed to petitioner’s counsel that petitioner concede the case
based on the information obtained from petitioner’s apartment
complex. However, the paralegal indicated that if petitioner
preferred, the case could be forwarded to respondent’s Appeals
Office.
On May 24, 2001, petitioner filed a motion for summary
judgment on the ground that respondent “is collaterally estopped
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