FAIRFIELD — A man terminated from public housing because of a 2004 conviction for lewd conduct on a child lost his legal challenge in Solano County Superior Court to the termination.
Magid Mokatish of Fairfield received a fair hearing and evidence supports the finding by a hearing officer to end Mokatish’s participation in the Section 8 housing assistance he’d received since 1998, Solano County Superior Court Judge Michael Mattice ruled.
Mokatish and his family lived in a Fairfield home and Mokatish asked in 2013 for an accommodation that would allow him to move into a home his brother owned, according to court records.
The Fairfield Housing Authority in reviewing the request investigated Mokatish’s 2004 conviction and proposed terminating him from the housing program because of the criminal conviction that required Mokatish to register as a sex offender.
The housing authority said no one reported Moktaish’s absence from public housing during his eight-month incarceration. A family member said she’d phoned the housing authority about the conviction, but the agency said it had no record of being notified about the conviction.
Mattice in his June 10 decision upheld the hearing officer’s ruling.
“This is an extremely rare case,” attorney Toussaint Bailey, who represented the city of Fairfield, said of Mokatish’s challenge in court to being terminated from Section 8 housing. Along with the rarity of the legal challenge to termination, the case’s “circumstances are rare as well,” Bailey said.
Attorney Jill Sowards, with the Vallejo office of Legal Services of Northern California, represented Mokatish. Sowards could not be reached Monday for comment on the case.
Fairfield Councilwman John Mraz said people in public housing have to follow program requirements that include loss of the benefit if they break the law.
“I’ve told the city, you enforce it,” Mraz said. “Section 8 housing is a gift.”
Reach Ryan McCarthy at 427-6935 or [email protected]