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· 9/1/2023

Harding v. Ohio Real Estate Comm.

Citations

  • 224 N.E.3d 86
  • 2023 Ohio 3138

Syllabus

Lower court judgment affirming a decision by Ohio Real Estate Commission to discipline a licensee for violating a provision of R.C. 4735.18 was affirmed where the lower court did not abuse its discretion in examining the record for reliable, probative, and substantial evidence and where the judgment was in accordance with the law.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that residents of public housing have cause of action under § 1983 for PHA’s denial of statutorily-mandated “reasonable” utility allowances
  • concluding that a private cause of action existed where statute and its legislative history were devoid of an indication that exclusive enforcement authority was vested in HUD
  • concluding that a private cause of action existed where statute and its legislative history were devoid of an indication that exclusive enforcement authority was vested in HUD
  • holding that section 1983-based private cause of action under federal statute will be allowed notwithstanding well-developed administrative agency enforcement mechanism where no evidence of Congressional intent to provide otherwise
  • holding that Court will not “lightly” conclude that section 1983 is impliedly foreclosed
  • holding that public-housing tenants could use §1983 to enforce a provision of the Hous- ing Act of 1937 capping their rental payments

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayle

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.