This section contains the nature of the case and procedural background.

Hann (P) and James (P) were unmarried and the natural parents of three children. Ps applied for section 8 housing and applied for assistance but were denied because they were unmarried. D interpreted the term family as two or more persons who live together in the dwelling are related by blood, marriage, or adoption. D based this interpretation on the fact that cohabitation of unmarried adults of the opposite sex was immoral. Ps appealed that decision.

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