Recent Court Rulings

Owner Not Liable for Discrimination, Privacy Invasion

February 15, 2013    

Facts: A resident sued the owner, manager, and security guard for allegedly violating her rights under the Fair Housing Act. One morning, the site’s security guard detained three young boys who had placed traffic cones in the street and told them to sit on the curb while...

Housing Authority Can Terminate Section 8 Assistance

February 15, 2013    

Facts: A former resident sued the local housing authority for allegedly violating her due process rights when it terminated her Section 8 assistance after an informal hearing. The hearing officer found that the resident’s husband had been living as an unauthorized occupant...

Household Head Responsible for Guests’, Members’ Actions

February 15, 2013    

Facts: Following neighbors’ complaints to management and after receiving at least one letter titled “Disturbing the Peaceful Enjoyment,” a resident received a notice to vacate her unit. The management cited her unit as a meeting place for narcotics dealers and...

Housing Authority Gave Insufficient Notice of Termination

February 15, 2013    

Facts: A former resident sued the local housing authority for allegedly violating her due process rights when they terminated her Section 8 voucher. The voucher paid all of the resident’s $875 monthly rent. In her termination letter, the housing authority stated that she...

PHA Allowed to Evict Vacationing Resident

January 15, 2013    

Facts: A PHA resident lived in a unit with her three daughters. Before traveling abroad, she gave her adult son a key "to check on the apartment." While the resident was away, firefighters entered her unit and found a dog tied to a radiator near a stove, which had all...

Applicant Can't Appeal PHA’s Decision

January 15, 2013    

Facts: An applicant sued a local PHA for denying her application for low-income housing. The PHA had denied the application due to her prior conviction for involuntary manslaughter. Under the PHA’s stated admissions and occupancy policy, an applicant with a conviction for...

Owner Didn't Give Resident Proper Notice

January 15, 2013    

Facts: A project-based Section 8 housing owner entered into an agreement to rent a unit with a resident in April 2009. The agreement, based on the HUD model lease, required the owner, with the resident's cooperation, to conduct a recertification of the resident's...

Owner Needn't Show "Good Cause" to Evict Resident After Lease Expired

January 15, 2013    

Facts: An owner sent her Section 8 resident a notice to vacate. In the notice, the owner stated that the lease had been on a month-to-month basis since the end of March 2011. She further stated that she wanted the resident to vacate the unit by the end of November 2011 because...

Resident's Sons Don’t Qualify for Unit Succession

January 15, 2013    

Facts: During a resident's tenancy, she lived with several family members until those individuals left the household and she was the sole remaining occupant. Two months before her death, she submitted a permission form to add her two sons to her permanent household. This...

Owner Wasn’t Denied Due Process

December 12, 2012    

Facts: An owner has participated in the Housing Choice Voucher (HCV) program since 2005. He entered into a housing assistance payment (HAP) contract with the local housing authority for each of his units. Pursuant to the contracts, the housing authority has paid a portion of the...

Resident's Late Payments Didn't Constitute Serious Lease Violations

December 12, 2012    

Facts: A Section 8 resident signed a one-year lease with the owner that began on July 1, 2009, and required the resident to pay a $700 security deposit. The rent was $538 per month; the amount to be paid by federal public housing assistance was $446 per month, and the resident...

State Court to Decide Resident Selection Criteria Case

December 12, 2012    

Facts: A prospective resident with disabilities who relies on Social Security and has no convictions for any violent or drug-related criminal activity applied for a unit. She met the financial eligibility requirements, but was denied admission. The rejection letters stated,...