Francis Shannon v. Commissioner of Housing. — Espinosa, J., Dissenting

Summary

In this dissent, Espinosa, J., would have affirmed the dismissal of the plaintiff's administrative appeal. She reasoned that the regulation's present-tense language and permissive use of "may" authorized the Commissioner prospectively to terminate assistance to a current participant subject to sex-offender registration, notwithstanding the participant's earlier conviction. She also concluded that the plaintiff received constitutionally adequate notice and a hearing. The majority reached the contrary conclusion that applying the regulation to the plaintiff was impermissibly retroactive.