Rivas v. Chelsea Housing Authority

By regulation, 760 Code Mass. Regs. § 6.08(4)(b) (1998), the Chelsea Housing Authority (authority) was required to notify Rivas of her right to an informal settlement conference and to conduct such a conference prior to formal grievance proceedings. Because, in the absence of such a conference, the authority’s decision was made upon unlawful procedure, and because I conclude that this unlawful procedure prejudiced her substantial rights, I would reverse the judgment and remand for further proceedings. Accordingly, I respectfully dissent.

1. Unlawful procedure, a. Waiver. The majority first…