Recent Court Rulings

PHA Can Terminate Subsidy for Serious Lease Violations

September 27, 2014    

Facts: The brother of a Section 8 resident often visited the resident’s unit and babysat her children. In October 2011, the police investigated the brother after a confidential informant told officers that the brother kept a black .380 caliber firearm in the resident...

PHA Not Liable for Discrimination

September 12, 2014    

Facts: When a resident lived in another county, the local PHA approved her reasonable accommodation request for a live-in aide. The PHA found that the resident has a permanent cognitive disorder and “needs 24 hours a day care to function normally.” The resident...

PHA Bypassed Due Process Requirements in Seeking Eviction

September 12, 2014    

Facts: In June 2011, a resident signed a one-year lease to rent a unit. The resident was initially approved for rental assistance that reduced her rent to $199 per month. She paid that amount until her next certification in January 2012, when her subsidy was increased to an...

PHA Can Evict Resident for Threatening Behavior

August 17, 2014    

Facts: In the summer of 2012, a resident began to engage in bizarre and, at times, alarming behavior with fellow residents at the site. One resident, who considered the troubled resident a friend and expressed her concern for his well-being, complained that he repeatedly showed...

HUD Not Required to Advance Subsidy Payments

August 16, 2014    

Facts: An owner’s site has had a history of “unsatisfactory” HUD audit reviews since 2005, and in 2009 and 2010 HUD refused to pay more than $700,000 in subsidies due to the site’s violations of HUD regulations. To satisfy HUD, the owner hired a HUD-...

PHA Didn't Follow State's Notice Requirements

August 16, 2014    

Facts: A local PHA claimed that a resident violated his lease by using marijuana. One of the site’s security officers testified at the eviction evidentiary hearing that he smelled marijuana coming from the resident’s unit during his routine patrol of the building....

Resident Not Allowed to Keep Second Dog

July 10, 2014    

Facts: A resident with diabetes lives in a Section 8 building. The lease expressly prohibits dogs or cats as pets. At some point while living in her unit, the resident got a dog. The owner allowed the resident to keep the dog as an accommodation for unspecified reasons. In July...

PHA Can Evict Resident for Stealing Resident Participation Funds

July 10, 2014    

Facts: A resident was convicted of second-degree theft. The resident’s crime involved misappropriating “Resident Participation Funds,” which were to be used “to generate programs for the residents within the community to gain either employment or anything...

Owner Sent Resident Insufficient Recertification Notices

July 10, 2014    

Facts: The sole source of income of a resident of a project-based Section 8 site is public assistance from social services. Her share of the rent amounted to $312 per month as of her last recertification on March 1, 2012.

PHA Can Evict Resident for Children’s Criminal Activity

June 16, 2014    

Facts: The local PHA initiated termination proceedings against a resident with five children, two of whom are minors. Police had recovered from the unit a significant amount of marijuana, a bottle of oxycodone pills, and a loaded and operable firearm. The resident wasn’t...

PHA Didn't Discriminate Against Disabled Resident

June 16, 2014    

Facts: A disabled resident had been living at a site managed by the local PHA for over 20 years. Her 25-year-old grandson resided with her for years. And the lease agreement stated that the resident agreed: “[n]ot to destroy, deface, damage, or remove any part of the...

Lack of Written Inventory Before Move-In Didn’t Defeat Owner’s Claim

June 16, 2014    

Facts: After a Section 8 resident became delinquent in her payment of rent and after the owner made demands for payment, the resident notified the owner of complaints she had regarding the unit. County Housing intervened in the dispute, and the owner and resident signed a mutual...