Recent Court Rulings

PHA Not Liable for Deaths Caused by Lack of Smoke Alarm and Second Egress

October 10, 2013    

Facts: In 2010, a fire in a unit took the lives of a Section 8 resident and her guest. Their bodies were found on the third floor of the unit, and an autopsy confirmed that both women died from smoke inhalation. The third-floor bedroom lacked a smoke detector and an alternate...

Lease's Allocation Clause Ruled Invalid

September 12, 2013    

Facts: A resident sued the site owners for use of an allocation clause in the resident’s lease. The clause requires a resident to specifically and in writing designate his monthly payment as “rent” or “for rent” for it to be considered as such. The...

PHA Can Terminate Tenancy for Marijuana Possession

September 12, 2013    

Facts: A PHA terminated a resident’s tenancy after determining that she had breached its rules and regulations. In May 2011, the police executed a search warrant for the resident’s unit. The search warrant was obtained based on two incidents where an informant...

Owner Not Liable for Assault on Resident

September 12, 2013    

Facts: After using her key to enter the lobby of the building, a resident was deterred by the presence of two men standing in front of the elevator. The resident testified that she didn’t “trust anybody in that building” and declined their invitation to enter...

PHA Wrongfully Terminated Resident from Voucher Program

August 12, 2013    

Facts: In August 2009, a resident who has participated in the voucher program since 1997 transferred to a voucher program administered by a different PHA. Before her transfer, she signed a “Statement of Family Obligations” acknowledging that she understood the...

Owner Must Follow State Law's Restriction on Late Fees

July 12, 2013    

Facts: A Section 8 resident’s rent was $50 per month. The lease provided that a $25 late charge would be assessed each month that he didn’t pay his rent in full by the fifth of the month. The resident’s account became delinquent in July 2012 after he failed to...

Registered Sex Offender Can Continue Occupying Premises

July 12, 2013    

Facts: A PHA began eviction proceedings against a resident after discovering that he was a lifetime registered sex offender in the State of New York. The resident became a convicted sex offender sometime in 1997.

PHA May Be Liable for Discrimination

July 12, 2013    

Facts: An elderly disabled resident experienced a psychotic episode one morning. Acting on the basis of delusions, she turned on her faucets, boiled pots of water, and obstructed the entrance to her unit. A maintenance employee smelled gasoline and unsuccessfully attempted to...

Hearing Officer Properly Described Reasons for Decision

July 12, 2013    

Facts: A Section 8 resident signed a one-year lease agreement that stated that, at the end of the lease term, she could continue to rent the unit from the owners, with their consent, on a month-to-month basis. The agreement also provided that, after the initial one-year lease...

PHA Not Liable for Mold-Related Health Problems

June 19, 2013    

Facts: A Section 8 resident sued the local PHA, leasing agents, and various contractors for alleged harm suffered from the presence of mold and microbiological contaminants in her unit. The resident claimed that the site didn’t meet HUD’s Housing Quality Standards...

Disabled Resident's Accommodation Request Ruled Unreasonable

June 19, 2013    

Facts: A disabled Section 8 resident asked the court to prevent the owners from collecting market rent on her three-bedroom unit. Although her two children had moved out of the unit by 2003, the resident claimed that she still needed three bedrooms to accommodate her belongings...

Possession of Drug Paraphernalia Not Equivalent to Actual Drug Possession

June 19, 2013    

Facts: A police officer searched a Section 8 resident’s unit pursuant to a search warrant and found six empty heroin bags, two crack pipes, and used hypodermic needles. A month later, the local PHA sent a notice to the resident terminating her benefits because she had...