Recent Court Rulings

PHA Not Liable for Disability Discrimination

May 20, 2014    

Facts: A resident's lease required the resident, when notified, to prepare her unit for treatment by an exterminator and to provide the PHA with access to the unit for that purpose. In February 2010, the PHA advised the resident and others that the building would be treated...

PHA Not Liable for Racial Discrimination

May 20, 2014    

Facts: An African-American resident who lived for many years in housing provided by the local PHA was responsible for paying rent in the amount of $50 per month. And he had subsisted on a “Zero Income Certification” in which he certified that he was receiving no...

PHA Didn't Comply with State's Notice Requirements

May 20, 2014    

Facts: The lease agreement between a resident and a PHA included provisions requiring management approval before anyone else would be allowed to live in the unit and specifically mandating that no one besides the resident herself could stay in the unit for more than 14...

Resident's Pre-Housing Benefit Child Support Payments Excluded from Income Calculations

May 20, 2014    

Facts: A Section 8 resident challenged the local PHA’s calculation of her income in court. In 2013, the resident received a substantial lump-sum payment of child support arrears from her children’s father. The PHA treated the lump-sum payment as income in 2013 and...

Owner Gave Inadequate Eviction Notice

April 17, 2014    

Facts: An owner of a Section 8 project-based site sued to evict a resident for false information she allegedly provided on her application for a unit. In August 2011, the resident completed an application in which she truthfully reported that she was employed by Walmart and was...

PHA Didn't Prove Husband Was Unauthorized Household Member

April 17, 2014    

Facts: A local PHA terminated a resident from the Housing Choice Voucher program after learning that her husband had listed her unit as his mailing address. The resident and her husband were married in August 2002. A few months later, they separated and he moved out of the...

PHA Can't Terminate Resident's Tenancy

March 28, 2014    

Facts: A resident visited the management office seeking a rent adjustment, which she believed was warranted by the recent termination of disability assistance that had been granted her after a difficult pregnancy. She gave a resident services associate some documentation that...

PHA Can Evict Resident for 'One-Strike' Violation

March 14, 2014    

Facts: A local PHA notified a resident that he had committed a “one-strike” violation when he had wrongfully assaulted one of its security guards, in violation of his lease agreement. The notice also stated that the resident had threatened to shoot another resident,...

Resident's Benefits Terminated for Violating Program Rules

March 14, 2014    

Facts: A Section 8 resident challenged the local PHA’s decision to terminate his benefits. The resident claimed that he has a qualifying disability under the Fair Housing Act (FHA) and Americans with Disabilities Act. He further alleged that he requested an accommodation...

Owner May Be Liable for Race, Religious Discrimination

March 14, 2014    

Facts: A former manager of a Section 8 site sued her former employer for alleged age, race, and religious discrimination. The owner claimed that the manager was terminated for her failure to perform her duties in a professional manner.

Owner Didn't Discriminate Against Voucher Holder

February 17, 2014    

Facts: A prospect with a Section 8 Housing Choice Voucher sued an owner for discrimination based on her status as a public assistance recipient in violation of the state's human rights act. The prospect found a listing for a three-bedroom unit with an advertised rent that...

Owner Can Evict Resident for Guests' Criminal Behavior

February 17, 2014    

Facts: When a police officer was dispatched to a resident's unit to investigate a noise complaint, the officer detected the odor of recently burnt marijuana emanating from the unit and observed smoke lingering in the air. Two of the resident's guests told the officer...