Recent Court Rulings

Resident's Crime Didn't Violate Rental Agreement

May 19, 2015    

Facts: A resident appealed an eviction by the local PHA. From 2009 until 2011, the resident served as the president of the site’s tenant association. In July 2010, he received a check for $1,400 from the PHA to be used for resident participation activities as required by...

Owner May Be Liable for Third Party's Harassing Conduct

May 19, 2015    

Facts: After 18 months of living at a site, a Section 8 African-American resident heard his next-door neighbor call him a racial slur. The resident was shocked and fearful, but didn’t respond. This was the start of a series of threatening encounters with his next-door...

Class Action Lawsuit for Mold Injuries Can Continue Against PHA

May 19, 2015    

Facts: Two residents filed for a class action lawsuit on behalf of themselves and others similarly situated, for damages related to their alleged exposure to mold while living in housing developments operated by the local PHA. Originally, the residents sought to define the...

State's Right-to-Remedy Law Doesn't Apply to Public Housing Resident's Eviction

April 17, 2015    

Facts: A PHA sued to evict a resident because he violated the terms of his lease by engaging in “drug-related criminal activity.” Specifically, he smoked marijuana in his unit.

Owner's Execution of New Model Lease Waived Right to Pursue Eviction

April 17, 2015    

Facts: An owner sued to evict a resident. The complaint alleged that the resident violated the terms of the lease by engaging in a pattern of criminal and harassing behavior, and by failing to make rental payments on time. The complaint further claimed that despite receiving...

Settlement Funds Placed in Irrevocable Trusts Aren’t Assets

April 17, 2015    

Facts: A disabled Section 8 resident is the beneficiary of an irrevocable Special Needs Trust. The resident has no control over the trust, and the trust itself earns little or no interest. The trust was funded entirely from a series of lump-sum settlements from a personal injury...

Owner Not Required to Move Resident to Two-Bedroom Unit

March 16, 2015    

Facts: A disabled African-American resident sued a New York owner for discrimination based on her race or her disability. The resident lives in a one-bedroom unit with a daughter who’s also her live-in aide. According to the owner, the resident never added her daughter as...

Resident Submitted Photographs in Lieu of Inspections

March 16, 2015    

Facts: A Section 8 resident failed an initial inspection to check whether she’s maintaining her unit in compliance with federal standards. Federal law requires that all housing assisted by the voucher program meet certain housing quality standards at the start of occupancy...

Former PHA Chairperson Not Liable for Discrimination

March 16, 2015    

Facts: A Section 8 resident sued the former chairperson of the local PHA’s board of commissioners. The resident claimed that the chairperson improperly allowed the director of the Section 8 program at the PHA to terminate the resident from the Section 8 program because of...

Court Won't Review HUD's Decision to Take Over Defaulting PHA

February 13, 2015    

Facts: Under the Housing Act, HUD provides monetary assistance to PHAs for the development, operation, and maintenance of low-income housing. In exchange for the subsidy, PHAs must comply with federal regulations issued by HUD under the Housing Act. The terms of this grant...

Owner Not Liable for Damage Caused to Resident's Property During Eviction

February 13, 2015    

Facts: A resident was evicted from her unit by a city marshal pursuant to a warrant of eviction obtained by the PHA. Her belongings were removed from the unit by the marshal, and were stored in a storage facility.

She was later restored to possession of the unit, and her...

Housing Authority Officer Issued Invalid Barring Order

February 13, 2015    

Facts: While on patrol duty for sites under the control of a PHA, a police officer encountered an individual sitting on a stoop in the courtyard of one of the sites. When the officer approached him, he got up and walked off, but stopped when the officer asked him to halt.