Penn v. Nunn

Filing 18

ORDER granting in full Penn's motion 2 for a preliminary injunction. DCA, by and through Commissioner Nunn in his official capacity, is hereby enjoined from terminating Penn's Section 8 Housing Choice Voucher Program, which is reinstat ed immediately with all rights and benefits to which she would otherwise be entitled as a program participant in good standing. Due to the impending June rental cycle, DCA is further ordered to ensure that Penn's June subsidy payments are pro cessed immediately and coordinate with Penn's counsel to communicate the substance and nature of this Order to her landlord as necessary. This Order shall remain in effect for the duration of this action or until ordered otherwise. A full memorandum opinion addressing the parties arguments will issue forthwith. Signed by Judge Timothy C. Batten, Sr. on 5/31/18. (rsh)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

APRIL PENN,
Plaintiff,

CIVIL ACTION FILE

v.
CHRISTOPHER NUNN, in his
official capacity as Commissioner
of the Georgia Department of
Community Affairs,

NO. 1:18-cv-1895-TCB

Defendant.

ORDER
This case comes before the Court on Plaintiff April Nunn’s motion
[2] for a preliminary injunction. After entering a temporary restraining
order reinstating Penn’s Section 8 housing subsidy, the Court heard
oral arguments on the preliminary injunction. The Court reserved a
final ruling on the preliminary injunction and subsequently ordered
supplemental briefing on an issue related to Penn’s claims that
Defendant Department of Community Affairs (“DCA”) violated the U.S.

Housing Act, 42 U.S.C. § 1437d(k), the violation of which she seeks to
redress pursuant to 42 U.S.C. § 1983.
After carefully considering the parties’ arguments, the Court finds
that Penn has demonstrated a substantial likelihood of success on the
merits, is likely to suffer irreparable harm in the absence of an
injunction, the harm to her outweighs the harm to DCA, and an
injunction would not disserve the public interest. See Johnson &
Johnson Vision Care v. 1-800-Contacts.com, 299 F.3d 1242, 1246–47
(11th Cir. 2002).
Accordingly, the Court grants in full Penn’s motion [2] for a
preliminary injunction. DCA, by and through Commissioner Nunn in
his official capacity, is hereby enjoined from terminating Penn’s Section
8 Housing Choice Voucher Program, which is reinstated immediately
with all rights and benefits to which she would otherwise be entitled as
a program participant in good standing.
Due to the impending June rental cycle, DCA is further ordered to
ensure that Penn’s June subsidy payments are processed immediately
and coordinate with Penn’s counsel to communicate the substance and
2

nature of this Order to her landlord as necessary. This Order shall
remain in effect for the duration of this action or until ordered
otherwise. A full memorandum opinion addressing the parties’
arguments will issue forthwith.
IT IS SO ORDERED this 31st day of May, 2018.

____________________________________
Timothy C. Batten, Sr.
United States District Judge

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