Recent Court Rulings

PHA Can't Evict Resident Based on Guest's Drug-Related Activities

January 22, 2015    

Facts: A resident regularly relied upon her friend to babysit her three children while she was at work. One day she was scheduled to begin work at 11 p.m. The friend arrived at her unit several hours before 11 p.m. so the resident could get some sleep before going to work. After...

PHA Can Evict Defaulting Resident Who Filed for Bankruptcy

January 22, 2015    

Facts: A public housing resident entered into a lease agreement with the local PHA. The lease required the resident to go through an annual recertification process, which includes reporting any changes in income to the PHA within 10 days to ensure her eligibility for public...

Resident Not Entitled to Medical Marijuana as Reasonable Accommodation

December 15, 2014    

Facts: A Section 8 resident was diagnosed with multiple sclerosis. Her physician prescribed medicinal marijuana to help with her symptoms, and she obtained a medical marijuana card issued by the State of Michigan pursuant to the Michigan Medical Marijuana Act.

Resident Can't Sue Owner in Federal Court for Subpar Maintenance

December 15, 2014    

Facts: A resident with a Veterans Affairs Supportive Housing voucher sued an owner in federal court, claiming that the owner failed to keep his unit habitable, invaded his privacy, and caused his voucher to be terminated by the PHA because his rental unit hadn’t been kept...

Member Can't Sue HUD for Dispute with Local PHA

December 15, 2014    

Facts: During a dispute with an owner over utilities, a Section 8 resident asked her local PHA for a transfer of her voucher to another unit. The PHA denied her request because she wasn’t in good standing with her current owner and after submitting additional hearing...

Federal Judge Strikes Down HUD’s Disparate Impact Rule

November 19, 2014    

Facts: Two nonprofit insurance trade associations filed a lawsuit against HUD, challenging its final rule providing for liability based on disparate impact under the Fair Housing Act (FHA). HUD had recently finalized regulations that were intended to codify how a disparate...

Resident's Past Eviction Requires Termination from Section 8 Program

November 19, 2014    

Facts: In 2010, a Section 8 resident fell behind in paying her portion of her unit’s subsidized rent. The owner started an eviction lawsuit. The court issued an “Order for Possession,” finding that the owner was entitled to possession of the resident’s...

Resident Omitted Self-Employment Income at Recertification

October 17, 2014    

Facts: As a participant in the voucher program, a resident attended a recertification meeting in November 2010. In her recertification application, she stated that she didn’t receive income from self-employment, and listed Social Security payments as the sole source of...

Owner Must File Eviction Case on New Grounds

October 17, 2014    

Facts: On June 1, 2012, a PHA executed a housing assistance payments (HAP) contract with an owner, and the owner entered into a Section 8 lease with a resident. The rent under the contract was $1,250; the PHA provided assistance of $1,216 per month, making the resident’s...

Owner Not Liable for Former Employee’s Retaliation Claims

October 17, 2014    

Facts: A site manager claimed that her former employer retaliated against her for opposing unlawful housing discrimination and unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964. She claimed that she was harassed and ultimately...

PHA Not Liable for Resident's Dog Bite Injuries

September 27, 2014    

Facts: A resident sued the local PHA for injuries she suffered when another resident’s dog bit her. The other resident had acquired the dog, a pit bull, in late 2009. The suing resident described the dog as aggressive and vicious, barking at her ferociously, and jumping on...

Owner Can Refuse to Rent to Sex Offender

September 27, 2014    

Facts: A prospective resident sued two private apartment building owners for refusing to rent him a unit. The prospective resident tried to rent a unit using a voucher provided through the local PHA. But after he applied for a unit, each owner informed him that he hadn’t...