Stacey Clark v. Archibald Alexander, Acting Exec. Dir., Alexandria Redevelopment & Hous. Auth., 85 F.3d 146 (4th Cir. 1996). · Go Syfert
Stacey Clark v. Archibald Alexander, Acting Exec. Dir., Alexandria Redevelopment & Hous. Auth., 85 F.3d 146 (4th Cir. 1996). Cases Citing This Book View Copy Cite
“federal regulations set out the basic procedural requirements of informal hearings in almost literal compliance with goldberg.”
68 citation events (56 in the last 25 years) across 21 distinct courts.
Strongest positive: Olsen v. Davis Community Housing Authority (utd, 2022-09-02)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (quoted) Olsen v. Davis Community Housing Authority
D. Utah · 2022 · quote attribution · 1 verbatim quote · confidence low
federal regulations set out the basic procedural requirements of informal hearings in almost literal compliance with goldberg.
discussed Cited as authority (rule) Current v. New Orleans Housing Authority
E.D. La. · 2024 · confidence medium
See, e.g., Cooley, 747 F.3d at 297 (alleging that termination of housing assistance violated right to due process, in addition to being arbitrary and capricious); Clark v. Alexander, 85 F.3d 146, 151-52 (4th Cir. 1996) (evaluating whether public housing authority violated plaintiff’s due process rights); Davis v. Mansfield Metro.
discussed Cited as authority (rule) DeCambre v. Brookline Housing Authority
1st Cir. · 2016 · confidence medium
But although the Fourth Circuit has recognized the need to permit state agencies to “draw[] lines in [regulatory] gray areas,” id. at 329 , its deference appears so far to have been limited to cases in which the state agency resolves mixed questions of law and fact by applying the federal regulation to a specific factual scenario, see Clark v. Alexander, 85 F.3d 146, 153 (4th Cir. 1996) (deferring to state agency hearing officer’s determination of whether a particular individual “could be considered a member of *20 [plaintiffs] family under the federal housing regulations” based on t…
discussed Cited as authority (rule) Virna Daniels v. Eric Brown
4th Cir. · 2013 · confidence medium
Decisions of a state agency *140 implementing federal law should be afforded deference, in an effort to “uphold the letter of federal law while allowing agencies the discretion to perform their function of reasonably administering the federal program.” Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
examined Cited as authority (rule) Daniels v. Housing Authority (4×) also: Cited "see"
D. Maryland · 2013 · confidence medium
Deference afforded to Defendants’ actions “The civil rights cause of action against a state agency implementing a federal program compels federal courts to uphold the letter of federal law while allowing agencies the discretion to perform their function of reasonably administering the federal program.” Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited as authority (rule) Tsai v. Maryland Aviation
4th Cir. · 2008 · confidence medium
Summary judgment is appropriate when “there is no genuine issue of material fact and ... the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986).
cited Cited as authority (rule) Stevenson v. Willis
N.D. Ohio · 2008 · confidence medium
Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996) (citing Goldberg v. Kelly, 397 U.S. 254, 266-71 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970)).
cited Cited as authority (rule) Nystrom v. TREX CO., INC.
E.D. Va. · 2008 · confidence medium
Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986).
discussed Cited as authority (rule) Osborne v. King
S.D.W. Va · 2008 · confidence medium
See, e.g., In re Heckert, 272 F.3d 253, 257 (4th Cir.2001); In re Genesys Data Technologies, Inc., 204 F.3d 124 , 128 (4th Cir .2000); Rao v. County of Fair-fax, 108 F.3d 42 , 44 (4th Cir.1997); Clark v. Alexander, 85 F.3d 146, 151 (4th Cir. 1996); In re McNallen, 62 F.3d 619, 624 (4th Cir.1995); Dionne v. Mayor and City Council of Baltimore, 40 F.3d 677, 682 (4th Cir.1994) (“The Full Faith and Credit Statute, 28 U.S.C. § 1738 , obligates federal courts to apply state preclusion rules to determine whether a prior state court judgment has either issue or claim preclusive effect in a § 1983 …
discussed Cited as authority (rule) Gammons v. Massachusetts Department of Housing & Community Development
D. Mass. · 2007 · confidence medium
In Clark v. Alexander, the plaintiff Stacey Clark had her Section 8 benefits terminated because the PHA in that case found that a family member in her household, David Clark, engaged in illegal drug activity, in violation of HUD regulations. 85 F.3d 146, 149-50 (4th Cir.1996).
cited Cited as authority (rule) Pennington v. Taylor
E.D. Va. · 2004 · confidence medium
P 56(c); Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986).
discussed Cited as authority (rule) Metro MacHine Corp. v. United States Small Business Administration
E.D. Va. · 2004 · confidence medium
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited as authority (rule) Hemphill v. Procter & Gamble Co.
D. Maryland · 2003 · confidence medium
Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited as authority (rule) Hemphill v. McNeil-PPC, Inc.
D. Maryland · 2001 · confidence medium
Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited as authority (rule) Washington v. George G. Sharp, Inc.
E.D. Va. · 2000 · confidence medium
In evaluating a motion for summary judgment, the Court must “view[ ] the record as a whole and in the light most favorable to the nonmoving party.” Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
cited Cited as authority (rule) Selby v. Allfirst Bank (In Re Selby)
Bankr. D. Md. · 2000 · confidence medium
Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
cited Cited "see" Page v. Richmond Redevelopment And Housing Authority
E.D. Va. · 2021 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir. 1996) (citing Goldberg, 397 U.S. at 266-71 ).
cited Cited "see" Handy v. City of New Rochelle
S.D.N.Y. · 2016 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 152 (4th Cir.1996) (a hearing officer’s factfinding will not be disturbed where supported by substantial evidence).
cited Cited "see" Nancy Woods v. Linnie Willis
6th Cir. · 2013 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996) (applying the Goldberg due process requirements to public housing hearings).
discussed Cited "see" Rios v. Town of Huntington Housing Authority
E.D.N.Y · 2012 · signal: see · confidence high
In turn, the federal HUD regulations elaborate upon the proper hearing procedures, in part requiring that “[t]he PHA and the family must be given the opportunity to present evidence, and may question any witnesses”, and that “[t]he person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision.” 24 C.F.R. § 982.555 (e); see Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996) (“Federal regulations set out the basic procedural requirements of informal hearings in almost literal compliance with Goldberg.”) (citing 24 C.F.R. § 882.216 (b)(…
cited Cited "see" Woods v. Willis
N.D. Ohio · 2011 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited "see" Henry v. Purnell (2×)
4th Cir. · 2010 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
cited Cited "see" Henry v. Purnell
4th Cir. · 2010 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir. 1996).
discussed Cited "see" Gammons v. Massachusetts Department of Housing & Community Development
D. Mass. · 2007 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 151 (4th Cir.1996) (“deference must be shown to the factfinding of local housing authorities”); see also Ang v. Gonzales, 430 F.3d 50, 54 (1st Cir.2005) (stating in immigration law context, “we assay the [administrative fact finder’s] findings of fact, including credibility determinations, under a highly deferential ‘substantial evidence’ standard.”).
discussed Cited "see" MicroStrategy, Inc. v. Business Objects, S.A.
E.D. Va. · 2004 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
cited Cited "see" DirecTV, Inc. v. Adkins
W.D. Va. · 2004 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited "see" MercExchange, L.L.C. v. eBay, Inc.
E.D. Va. · 2002 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
cited Cited "see" Superformance International, Inc. v. Hartford Casualty Insurance
E.D. Va. · 2002 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also, Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548, 2552-53 , 91 L.Ed.2d 265 (1986).
cited Cited "see" Beskind v. Easley
W.D.N.C. · 2002 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
cited Cited "see" Lytle v. Doyle
E.D. Va. · 2001 · signal: see · confidence high
See Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also, Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548, 2552-53 , 91 L.Ed.2d 265 (1986).
cited Cited "see, e.g." Hous. Auth. of Augusta v. Gould
Ga. · 2019 · signal: see also · confidence low
See also Clark v. Alexander , 85 F.3d 146 , 150 (4 th Cir. 1996).
cited Cited "see, e.g." Housing Authority of the City of Augusta v. Gould
Ga. · 2019 · signal: see also · confidence medium
See also Clark v. Alexander, 85 F3d 146, 150 (4th Cir. 1996).
discussed Cited "see, e.g." Long v. District of Columbia Housing Authority
D.D.C. · 2016 · signal: see also · confidence medium
J. at 9 (“These provisions essentially track the Goldberg due-process requirements.”); see also Clark v. Alexander, 85 F.3d 146, 150-51 (4th Cir.1996) (“Federal regulations set out the basic procedural requirements of informal hearings in almost literal compliance with Goldberg.”).
discussed Cited "see, e.g." DeCambre v. Brookline Housing Authority
D. Mass. · 2015 · signal: see also · confidence medium
Auth., 479 U.S. 418, 428 , 107 S.Ct. 766 , 93 L.Ed.2d 781 (1987) (“In sum, we conclude that nothing in the Housing Act or the Brooke Amendment evidences that Congress intended to preclude petitioners’ [section] 1983 claim against respondent.”); see also Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996) (“The civil rights cause of action against a state agency implementing a federal program compels federal courts to uphold the letter of federal law while allowing agencies the discretion to perform their function of reasonably administering the federal program.”).
cited Cited "see, e.g." Montgomery v. Housing Authority of Baltimore City
D. Maryland · 2010 · signal: see also · confidence low
See also Clark v. Alexander, 85 F.3d 146 (4th Cir.1996) (applying Caulder test in Section 8 termination case). 7 .
discussed Cited "see, e.g." Costa v. Fall River Housing Authority (2×)
Mass. · 2009 · signal: see also · confidence medium
See also Clark v. Alexander, 85 F.3d 146, 150 (4th Cir. 1996) (noting that HUD regulations governing Section 8 termination hearing process are designed to implement procedural protections described in Goldberg v. Kelly, supra).
cited Cited "see, e.g." Williams v. HOUSING AUTHORITY OF CITY OF RALEIGH
E.D.N.C. · 2008 · signal: see also · confidence low
See id. at 269-71 , 90 S.Ct. 1011 : see also Clark v. Alexander, 894 F.Supp. 261, 264-65 (E.D.Va.1995), aff'd, 85 F.3d 146 (4th Cir.1996).
discussed Cited "see, e.g." Baldwin v. Housing Authority of City of Camden, NJ
D.N.J. · 2003 · signal: see also · confidence medium
See Ritter, 33 F.3d at 327 ; see also, Clark v. Alexander, 85 F.3d 146, 152 (4th Cir.1996) (discussing level of deference due state agencies interpreting agency regulations under a federally created program); Hill v. Richardson, 7 F.3d 656, 658 (7th Cir.1993) (stating in dicta that Administrative Procedure Act does not apply to state governments).
discussed Cited "see, e.g." Shabazz v. Pya Monarch, LLC
E.D. Va. · 2003 · signal: see, e.g. · confidence medium
See, e.g,, Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
discussed Cited "see, e.g." MicroStrategy, Inc. v. Business Objects, S.A.
W.D. Va. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
cited Cited "see, e.g." Parker v. Danzig
E.D. Va. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited "see, e.g." Fantasy Sports Properties, Inc. v. Sportsline.Com, Inc.
E.D. Va. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
discussed Cited "see, e.g." Bell Atlantic Network Services, Inc. v. Covad Communications Group, Inc.
E.D. Va. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
discussed Cited "see, e.g." Gte South, Incorporated v. Theodore V. Morrison, Jr.
4th Cir. · 1999 · signal: see also · confidence medium
See also Clark v. Alexander, 85 F.3d 146, 151-152 (4th Cir. 1996)(reviewing factfinding of Virginia local housing authority for substantial evidence).
cited Cited "see, e.g." GTE South, Inc. v. Morrison
4th Cir. · 1999 · signal: see also · confidence medium
See also Clark v. Alexander, 85 F.3d 146, 151-152 (4th Cir.1996)(reviewing factfinding of Virginia local housing authority for substantial evidence).
discussed Cited "see, e.g." Stringfield v. Christopher Newport University
E.D. Va. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); United States v. Diebold, 369 U.S. 654, 655 , 82 S.Ct. 993 , 8 L.Ed.2d 176 (1962).
cited Cited "see, e.g." Speight v. Albano Cleaners, Inc.
E.D. Va. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996).
discussed Cited "see, e.g." GTE South Inc. v. Morrison
E.D. Va. · 1998 · signal: see also · confidence medium
A. Standard of Review for Factual Findings In the absence of a statutory authority defining the type of review, “[t]he reviewing court shall ... hold unlawful and set aside agency action, findings, and conclusions found to be ... arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A); see also Clark v. Alexander, 85 F.3d 146, 151-52 (4th Cir.1996) (looking to the APA and applying a federal standard of review where relevant federal statute contained no explicit standard of review); Guaranty Sav. & Loan Ass’n v. Federal Home Loan Ban…
discussed Cited "see, e.g." Sweeney v. Housing Authority of Chester County (In re Sweeney)
Bankr. E.D. Pa. · 1997 · signal: see, e.g. · confidence medium
See, e.g., Clark v. Alexander, 85 F.3d 146, 150 (4th Cir.1996), citing Goldberg v. Kelly, 397 U.S. 254, 266-71 , 90 S.Ct. 1011, 1019-22 , 25 L.Ed.2d 287 (1970); and Zajac, supra, 156 Pa.Cmwlth. at 215-16 , 626 A2d at 1275 (administrative heating in which the propriety of the termination of Section 8 benefits is considered must allow the tenant to confront and cross-examine witnesses, and therefore the findings in such a proceeding cannot be based solely on hearsay) It is unclear whether the hearing officer would have reached the same conclusion had the hearsay evidence and the purported violat…
Retrieving the full opinion text from the archive…
Stacey CLARK, Plaintiff-Appellant,
v.
Archibald ALEXANDER, Acting Executive Director, Alexandria Redevelopment and Housing Authority, Defendant-Appellee
95-1280.
Court of Appeals for the Fourth Circuit.
May 30, 1996.
85 F.3d 146
ARGUED: Michael Gerhart Allen, Legal Services of Northern Virginia, Alexandria, Virginia, for Appellant. Michael Jay Weiser, Alexandria, Virginia, for Appellee. ON BRIEF: Sylvia M. Brennan, Legal Services of Northern Virginia, Alexandria, Virginia, for Appellant.
Luttig, Chapman, Clarke, Eastern, Virginia.
Cited by 54 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: D. Utah (1)

Affirmed by published opinion. Senior Judge CLARKE wrote the opinion, in which Judge LUTTIG and Senior Judge CHAPMAN joined.

OPINION

CLARKE, Senior District Judge:

This appeal concerns the standard of review applicable in federal civil rights cases challenging the decisions of local housing authorities implementing the federal low-income housing assistance program. See 42 U.S.C. §§ 1401-40. In Ritter v. Cecil County Office of Hous. & Community Dev., this Court held that interpretive rules adopted by local housing authorities should be afforded deference by federal courts “only to the extent the agency’s rules are not contrary to the statute or regulation.” 33 F.3d 323, 328 (4th Cir.1994). In this ease, the Court is asked to determine the standard of review applicable to housing authority adjudicative factfinding and decisions. The District Court, in keeping with the Ritter decision, - gave substantial deference to the Alexandria Redevelopment and Housing Authority (ARHA) and the reviewing hearing officer in granting ARHA’s motion for summary judgment. Clark v. Alexander, 894 F.Supp. 261, 263 (E.D.Va.1995). For the reasons set out below, this Court agrees with the decision of the district court and, upon de novo review, affirms.

I.

Stacey Clark was a participant in the federal government’s rent subsidy program as administered by ARHA. The rent subsidy program is overseen by the Department of Housing and Urban Development and implemented in accord with Section 8 of the United States Housing Act as amended. 42 U.S.C. § 1437f. In administering the rental voucher system, HUD is authorized to “prescribe other terms and conditions which are necessary for the purpose of carrying out the provisions of this paragraph and which are consistent with the purposes of this paragraph.” 42 U.S.C. § 1437f(o)(ll)(F). Relevant to this case, HUD has promulgated regulations concerning the drug-related criminal activity by recipients of rent subsidies and their families. Specifically, it is the obligation of the family receiving federal rent subsidies to not “[ejngage in drug-related criminal activity, ... including criminal activity by any Family member.” 24 C.F.R. § 882.118(b)(4) (1994). “Drug-related criminal activity” means (1) “the felonious manufacture, sale, or distribution, or the possession with intent to manufacture, sell, or distribute, a controlled substance,” or (2) “the felonious use or possession (other than with intent to manufacture, sell, or distribute) of a controlled substance,” where the use or possession occurs within one year of a public housing authority’s decision to deny admission or terminate assistance under the program. 24 C.F.R. § 882.118(b)(4)(i)(A), (B) (1994). “Family” is defined in the regulations to include but is not limited to:

(a) An Elderly Family or Single Person as defined in this part,
(b) The remaining member of a tenant family, and
(e) A Displaced Person.

24 C.F.R. § 812.2 (1994); see also 42 U.S.C. § 1437a(b)(3) (same).

The public housing authority may terminate a participant’s rent subsidy “[i]f the participant has violated any Family obligation” as set out in section 882.118. 24 C.F.R. § 882.210(d)(2) (1994). A termination based on participation in drug-related criminal activity must be based on a “preponderance of the evidence indicating] that a Family member has engaged in such activity, regardless of whether the Family member has been arrested or convicted.” 24 C.F.R. § 882.216(c)(1) (1994). The procedure for termination consists of a written notice from the housing authority stating the reasons for the termination. 24 C.F.R. § 882.216(b)(3)(i) (1994). The participant in the program must be given the opportunity for an “informal hearing.” 24 C.F.R. § 882.216(b)(1)(ii) (1994); cf. 42 U.S.C.[*149] § 14S7d(k) (mandating the creation of an “administrative grievance procedure” for tenants at each public housing authority receiving funds under Section 8). The informal hearing is set before a neutral hearing officer, is adversarial in nature, and is decided using a preponderance of the evidence standard. 24 C.F.R. § 882.216(b)(6) (1994).

On March 19, 1994, Alexandria police executed a search warrant for Ms. Clark’s address and for a black male at that address. Probable cause for the search was provided by a confidential informant’s tip that cocaine was being sold by a black male at that residence. Ms. Clark was not home at the time the warrant was executed. However, police detectives did find Ms. Clark’s father and her estranged husband, David Clark, at the residence. During the search, the detectives seized quantities of heroin and associated drug paraphernalia from a dresser in the master bedroom. Detectives also uncovered two address books in the dresser and a two-foot long sword hidden between the bed and box spring. In the basement of the house, detectives confiscated a quantity of cocaine. At the time of the search, David Clark admitted to the detectives that the heroin and related drug paraphernalia found in the master bedroom were his. He also admitted ownership of the sword and the address books. Mr. Clark gave his address as that residence. Mr. Clark subsequently pled guilty to possession of heroin and possession of drug paraphernalia related to the March 19,1994 incident.

On May 9,1994, ARHA, through its executive director Archibald Alexander, informed Ms. Clark of its decision to terminate her housing assistance. The ARHA notice stated that the Alexandria police had received information that illegal drugs had been sold from her residence and that a resulting police search at her residence had led to the confiscation of drugs and drug paraphernalia. From this evidence, ARHA had concluded that family members had engaged in drug-related activity in her residence and that termination of assistance was authorized under federal regulations.

Ms. Clark exercised her right to an informal hearing, which took place on July 27, 1994, before Steven Zimmerman, a local attorney. At the hearing, Mr. Zimmerman heard testimony from Alexandria police detective Hassan Aden, who had been present during the execution of the search warrant, David Clark, and Stacey Clark. Detective Aden testified that he believed Mr. Clark to be a resident at Ms. Clark’s apartment based on Mr. Clark’s familiarity with the premises; statements of ownership of the drugs, drug paraphernalia, and personal items (address books and the silver sword) found at the residence; and statement that he did in fact live at the residence. David Clark admitted to ownership of the heroin and related paraphernalia but denied any knowledge of the cocaine in the basement. He also stated that he never admitted to Detective Aden that he lived at the residence, nor had he admitted that he owned the silver sword. Ms. Clark testified that David Clark did not live at her household and that she had no knowledge of the use or possession of drugs in her household prior to the execution of the search warrant. Mr. Zimmerman upheld AEtHA’s decision to terminate, relying heavily on the testimony of Detective Aden and concluding that a “family member” at Ms. Clark’s residence had been involved in drug-related criminal activity, warranting termination of benefits under 24 C.F.R. § 882.210.

Ms. Clark brought suit under 42 U.S.C. § 1988, alleging various procedural errors in the informal hearing and alleging that ARHA exceeded its authority in terminating her Section 8 benefits where no “family member” was involved in drug-related criminal activity. On plaintiff’s motion for partial summary judgment and defendant’s motion for summary judgment, the district court found in favor of defendant. The district court applied the standard articulated in Ritter. Clark v. Alexander, 894 F.Supp. 261, 263 (E.D.Va.1995). The court found that the housing authority’s basis for termination was not inconsistent with the applicable HUD regulations. Id. at 264. Following Ritter, the court afforded the decision to terminate “reasonable deference,” and granted the housing authority’s motion for summary judgment. Id. at 264-65. Plaintiff appeals on the sole issue of whether the district court[*150] erred in deferring to ARELA and the hearing officer’s conclusion that David Clark was a “family member” for the purposes of the Section 8 regulations.

II.

A.

We review the district court’s granting of summary judgment de novo. Ritter, 33 F.3d at 327; Haavistola v. Community Fire Co., 6 F.3d 211, 214 (4th Cir.1993). Summary judgment under Rule 56 of the Federal Rules of Civil Procedure is appropriate only when the Court, viewing the record as a whole and in the light most favorable to the nonmoving party, determines that there exists no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986).

The outcome on a motion for summary judgment is dependent not only on the standard of review, but also on the scope of review. That is, the focus of the court’s inquiry is as important as the rigor of that inquiry. This action is brought under section 1983, which provides a cause of action for the deprivation of rights created by federal law. 42 U.S.C. § 1983. The Supreme Court has held that violations of federal housing laws by state agencies implementing these laws are actionable under section 1983 by Section 8 participants. Wright v. Roanoke Redev. & Hous. Auth., 479 U.S. 418, 429, 107 S.Ct. 766, 773, 93 L.Ed.2d 781 (1987); see Ritter, 33 F.3d at 327 n. 3 (“we proceed on the assumption that [plaintiff] is entitled to sue for improper termination of Section 8 assistance when the termination is in conflict with federal regulation”); Holly v. Housing Auth. of New Orleans, 684 F.Supp. 1363, 1366 (E.D.La.1988). The civil rights cause of action against a state agency implementing a federal program compels federal courts to uphold the letter of federal law while allowing agencies the discretion to perform their function of reasonably administering the federal program.

B.

The Court first reviews the deference the District Court gave to the factfinding of the hearing officer. Plaintiff contends that the factfinding of the hearing officer is to be afforded no deference in a section 1983 action and that the District Court was obligated to make its own findings of fact.

Plaintiffs argument misconstrues the nature of the informal hearing which is intended to provide pretermination review of housing authority decisions to terminate housing assistance benefits. See 55 Fed.Reg. 28541 (1990). This review is designed to comport with the due process requirements for public-welfare program termination prescribed in Goldberg v. Kelly, 397 U.S. 254, 266-71, 90 S.Ct. 1011, 1019-22, 25 L.Ed.2d 287 (1970). See 55 Fed.Reg. 28541 (1990) (“PHAs must adopt written informal pretermination hearing procedures for participants, which fully meet the requirements of Goldberg v. Kelly ”). The administrative review, while not in the form of a “trial,” nevertheless serves “to produce an initial determination of the validity of the [housing authority’s] grounds for discontinuance of payments in order to protect a recipient against an erroneous termination of benefits.” Goldberg, 397 U.S. at 266-67, 90 S.Ct. at 1020. Goldberg places five requirements on the termination process employed by a housing authority: (1) timely notice from the housing authority stating the basis for the proposed termination, (2) an opportunity by the tenant to confront and cross-examine each witness relied on by the housing authority, (3) the right of the tenant to be represented by counsel, (4) a decision, based solely on evidence adduced at the hearing, in which the reasons for the decision are set forth, and (5) an impartial decision maker. Goldberg, 397 U.S. at 266-71, 90 S.Ct. at 1019-22; see also Caulder v. Durham Housing Authority, 433 F.2d 998, 1003-04 (4th Cir.1970), cert. denied, 401 U.S. 1003, 91 S.Ct. 1228, 28 L.Ed.2d 539 (1971) (Goldberg applies to Section 8 terminations). Federal regulations set out the basic procedural requirements of informal hearings in almost literal compliance with Goldberg. 24 C.F.R. § 882.216(b)(6). Plaintiff has not challenged these regulations[*151] on due process grounds, and there is no allegation in this appeal of violation of these regulations.

The sole issue before the Court regarding the factfinding is the issue preclusive impact or degree of deference it may be afforded by courts in subsequent litigation, including eases brought under section 1983. The Administrative Procedure Act’s regulation of the scope of court review, found at 5 U.S.C. § 706, is not applicable to housing authorities. Ritter, 33 F.3d at 327. However, the Supreme Court has held that in actions under section 1983, “federal courts must give [an] agency’s factfinding the same preclusive effects to which it would be entitled in the State’s courts.” University of Tennessee v. Elliott, 478 U.S. 788, 799, 106 S.Ct. 3220, 3226, 92 L.Ed.2d 635 (1986); see also United States v. Utah Construction & Mining Co., 384 U.S. 394, 421-22, 86 S.Ct. 1545, 1559-60, 16 L.Ed.2d 642 (1966) (deference given to factfindings of federal agency acting in judicial capacity where parties had an adequate opportunity to litigate). In addition to having the agency’s decision recognized in state court, the agency must be “acting in a judicial capacity” and the parties must have had “an adequate opportunity to litigate.” Id.; Layne v. Campbell County Dept. of Social Services, 939 F.2d 217, 219 (4th Cir.1991). ARHA’s informal hearing is clearly judicial in nature in that it entails the presentation of evidence and a decision based thereon under specific legal standards. In this case, the hearing also complied with the Goldberg requirements including the opportunity to confront witnesses, the opportunity to be represented by counsel, and a hearing in front of an impartial decision maker. It is therefore appropriate to conclude that plaintiff had an “adequate opportunity to litigate.” The difficulty however lies with the preclusive effect in state court. A review of Virginia state court decisions and federal court decisions applying Virginia law finds no review of housing authority factfindings. Virginia has its own Administrative Process Act, Va.Code § 9-6.14:1 et seq., that, like the federal Administrative Procedures Act, governs the standard of review of state agency decisions. However, the Virginia act specifically excludes local or regional authorities, “including those with federal authorities.” Va.Code § 9-6.14:4.1. State case law confirms that local housing authorities are not considered state agencies. See VEPCO v. Hampton Redevelopment & Hous. Auth., 217 Va. 30, 225 S.E.2d 364 (1976).

Nevertheless, this Court concludes that deference must be shown to the factfinding of local housing authorities. Plaintiff has received a termination hearing that comports with the requirements of due process as set out in Goldberg. ARHA’s original decision to terminate was therefore validated by an administrative adjudicative process. That established, it follows that due process does not require an opportunity to relitigate the issues previously settled. See Detweiler v. Commonwealth of Va. Dep’t of Rehabilitative Servs., 705 F.2d 557, 561 (4th Cir.1983) (“The Supreme Court has not ruled that judicial review of the substantive decision of the hearing officials is required by the due process clause. On the contrary, its decisions imply that an administrative hearing is sufficient.”). Deference to the findings of an impartial hearing officer in Section 8 program termination hearings results in no constitutional deprivation and advances the sound policy articulated in University of Tennessee and Utah Construction. See University of Tennessee, 478 U.S. at 798, 106 S.Ct. at 3226 (“the parties’ interest in avoiding the cost and vexation of repetitive litigation and the public’s interest in conserving judicial resources is equally implicated whether the factfinding is done by a federal or state agency”) (citing Utah Construction, 384 U.S. at 422, 86 S.Ct. at 1560).

The level of deference shown to the factfindings of a hearing officer is not absolute but it is significant. The regulations governing hearings state that factual findings must be “based on a preponderance of the evidence presented at the hearing.” 24 C.F.R. § 882.216(6)(v); see also 55 Fed.Reg. 28541 (“Factual determinations relating to the individual circumstances of the participant must be based on the evidence presented at the hearing.”); accord Goldberg, 397 U.S. at 271, 90 S.Ct. at 1022 (“the decision-maker’s conclusions must rest solely on the[*152] legal rules and evidence adduced at the hearing”). Accordingly, to insure compliance with federal law, the reviewing court must be satisfied that the hearing officer’s conclusions are supported by substantial evidence. Cf. 5 U.S.C. § 706(2)(E) (factfindings in agency hearings reviewed in court under a “substantial evidence” standard).

In this case, the District Court did not explicitly review the hearing officer’s factfindings under a substantial evidence standard. Nevertheless, it is evident that the court set its level of deference to insure compliance with the federal regulations. The court stated:

This Court finds that the AHRA [sic] and the hearing officer had ample evidence before them to conclude that David Clark was a member of Ms. Clark’s family. Such information was contained in the initial letter from the AHRA [sic] and in the decision of the hearing officer. In fact, the hearing officer specifically states that he considered the totality of the evidence in coming to the conclusion that the AHRA [sic] had shown by a preponderance of the evidence that drug-related criminal activity occurred in the plaintiffs residence and that such residence was under her control.

Clark, 894 F.Supp. at 264. This Court concludes that the District Court did, in fact, apply the correct standard of review to the hearing officer’s factfindings. The Court now reviews the District Court’s conclusions de novo. Haavistola v. Community Fire Co., 6 F.3d 211, 214 (4th Cir.1993).

The hearing officer heard testimony from Detective Aden, who executed the search warrant, and from David and Stacey Clark. The testimony of the detective conflicted with that offered by David Clark, in that Mr. Clark denied telling the detective that he lived at the residence and denied having claimed ownership of personal property at the residence. The hearing officer was also aware that the Alexandria police department’s search was instigated by information that a black male was selling drugs from that residence. The hearing officer chose to believe the testimony of Detective Aden and concluded that David Clark: (1) was found at Stacey Clark’s residence in possession of heroin and related drug paraphernalia; (2) had ready access to the residence; (3) was intimately familiar with the layout of the residence; and (4) had personal belongings, including a sword hidden underneath a mattress, at Stacey Clark’s residence. This Court agrees with the District Court that the testimony of Detective Aden accompanied by the details of the search warrant and the police report constitute substantial evidence supporting the factfinding of the hearing officer. That factfinding will not be disturbed.

C.

The Court next addresses the deference to be afforded ARHA’s interpretation of the federal regulations in terminating Stacey Clark’s Section 8 benefits. In Ritter v. Cecil County Office of Hous. & Community Dev., this Court recognized that “it is appropriate for us to show some deference to a state agency interpreting regulations under the authority of a federally created program.” 33 F.3d at 327-28 (citing General Electric Co. v. Gilbert, 429 U.S. 125, 141, 97 S.Ct. 401, 410-11, 50 L.Ed.2d 343 (1976)). Ritter created a two-step analysis for reviewing state agency interpretations of federal laws. First, the court should determine whether the state agency action is inconsistent with the federal housing provisions. Id. at 328. If there is no inconsistency, the court should afford the state agency’s action reasonable deference, meaning that the action should be upheld unless it is found to be arbitrary or capricious. Id. at 328 (citing Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 844, 104 S.Ct. 2778, 2782-83, 81 L.Ed.2d 694 (1984)).

While Ritter dealt with a promulgated, interpretive rule by a housing agency, there is no reason to limit the Ritter analysis to such a setting. Whether an interpretation is promulgated or not may touch on the reasonableness of the state agency’s interpretation. However, for the purposes of this case, the fact that an interpretation is not in the form of a promulgated rule will not prevent that interpretation from being afforded deference by courts if it is consistent with the federal provisions and is reasonable.

[*153] This Court now applies the standard of review established in Ritter to determine whether David Clark could be considered a member of Stacey Clark’s family under the federal housing regulations. As set out above, there is no specific definition of “family” in the federal housing statutes or regulations. See 42 U.S.C. § 1437a(b)(3) (definitions); 24 C.F.R. § 812.2 (1994) (same). In HUD’s preamble to the regulations authorizing assistance termination for family involvement in drug-related criminal activity, HUD explained that “‘family’ in these programs includes only individuals who are occupying the same unit.” 55 Fed.Reg. 28543 (1990). The hearing officer concluded that David Clark: (1) was found at Stacey Clark’s residence in possession of heroin and related drug paraphernalia; (2) had ready access to the residence; (3) was intimately familiar with the layout of the residence; and (4) had personal belongings, including a sword hidden underneath a mattress, at Stacey Clark’s residence. Based on these findings, which were supported by substantial evidence, the hearing officer concluded that David Clark was a “family member” for the purposes of 24 C.F.R. § 882.118. The Court holds that the findings of the hearing officer support the conclusion that David Clark “occupied the same unit” as Stacey Clark. Therefore, the hearing officer’s conclusion, which was subsequently relied on by ARHA, is reasonable and not inconsistent with the federal regulations. Accordingly, ARHA’s decision to terminate Stacey Clark’s Section 8 benefits must be afforded deference.

III.

Plaintiffs conception of the standard and scope of review in this case would place federal courts and juries in the position of second-guessing every decision made by local housing authorities. The actual role of the federal courts is far more limited, even in actions brought under section 1983. In this ease, the local housing authority drew reasonable conclusions from the evidence presented regarding David Clark’s status as a member of Stacey Clark’s family. These conclusions were not inconsistent with the federal regulations. As a matter of law, Stacey Clark’s rights as created by the federal housing regulations were not infringed, and summary judgment for the defendant was warranted.

The judgment of the district court is affirmed.

AFFIRMED.