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Clinic Victory Helps Family Avoid Eviction and Stay in their Home

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As part of his involvement with the Tenants' Right Clinic, Miami Law student Ted Massey, 3L, won his first case last month and helped a family stay in their home.

"It's a great, real-life experience," said Massey who successfully motioned to dismiss a wrongful conviction in front of a Miami-Dade judge. "I had to create a memo of law to turn into the judge, and submit it and prepare for trial. And I went against an actual attorney."

The Tenants' Rights Clinic primarily involves clients being evicted from public and subsidized housing, receiving Section 8 terminations and having their affordable housing applications denied.

The rather complex case involved a family being evicted from public housing. The family had been living in their home for 30 years when the son, a 19-year-old, was charged with the possession of marijuana. The charge was later dismissed.

91 days after the conviction, Miami-Dade evicted the family based on Federal Law, which states that Congress intends to create drug free zones in all public housing.

Massey disputed that argument by saying an eviction is invalid based on the 45-day waiver rule taken from Florida Statute, 83.56(5), which states that any agency receiving federal funding must file an eviction within 45 days.

The judge sided with Massey.

Jeffrey M. Hearne, Esq., Clinic Director for the Tenants' Rights Clinic said, "We received an excellent ruling from Judge Simon."