Recent Court Rulings

Owner Denied Section 8 Payments Due to Unit Defects

November 14, 2012    

Facts: A resident sued the owner and the local housing authority for alleged wrongful termination of her Section 8 subsidy. In August 2008, the resident was notified that her unit failed a Housing Quality Standards (HQS) inspection. When she received this notification, she...

Inspection Regulations Rationally Related to HUD’s Housing Goals

November 14, 2012    

Facts: Owners of a project-based Section 8 site sued HUD to challenge regulations that provide standards for “decent, safe, and sanitary” low-income housing. Under Section 8 of the Housing Act of 1937, HUD provides housing assistance through both “project-based...

Owner Not Liable for Slip-and-Fall Injury

November 14, 2012    

Facts: In December 2007, a resident slipped and fell in front of the owner’s building while stepping up to the curb and onto a five- or six-inch mound of snow. The resident claimed that the owner was negligent in removing snow from the sidewalk.

The owner argued...

PHA Not Liable for Unpaid Subsidy Payments

October 11, 2012    

Facts: Under a housing assistance payments (HAP) contract with a site owner, a local PHA is barred from making a monthly Section 8 payment to the owner for a unit that doesn’t meet the minimum housing quality standards (HQS) established by federal law. During the...

PHA Provided Reasonable Eviction Notice to Resident

October 11, 2012    

Facts: A former resident sued the local PHA for evicting him and eliminating his contract for housing assistance without giving him proper notice. The resident argued that the PHA violated his due process rights because he didn’t receive adequate notice of the eviction...

PHA Not Required to Grant Resident’s Transfer Request

October 11, 2012    

Facts: An 84-year-old resident living in a one-bedroom unit submitted a request to the local PHA for a larger unit, along with a doctor’s verification indicating that the small size of her unit had created stress that contributed to her poor health. The PHA denied her...

Owner Waited Too Long to Challenge PHA’s Decision

September 27, 2012    

Facts: A PHA sent an owner a letter notifying her that various conditions needed to be repaired, and verified as repaired, within 30 days, or her Section 8 subsidy would terminate. The letter also notified the owner that she might be entitled to reimbursement for some or all of...

PHA Not Required to Modify Affirmative Action Plan

September 27, 2012    

Facts: In 1974, a group of residents sued the Toledo Metropolitan Housing Authority and HUD for segregating minorities from non-minorities when building and doling out housing. At the time, the court ruled for the residents and ordered adherence to an Affirmative Action Plan (...

Owner Not Liable for Discriminatory Retaliation

September 27, 2012    

Facts: A disabled resident sued the owner and management of a low-income senior housing site for discrimination and retaliation. After receiving an announcement that the site was opening its Section 8 waiting list, the resident completed an application for the Section 8 housing...

Owner Liable for Self-Help Eviction

September 18, 2012    

Facts: A Section 8 resident signed a one-year lease, which required her to pay a security deposit and $465 each month. Shortly after moving in, the resident thought she heard bats in the walls of her unit.  She began to run the water for extended periods of time, including...

Hearing Officer Violated Resident's Due Process Rights

September 18, 2012    

Facts: After a hearing, a PHA terminated a resident’s Section 8 voucher and denied her request for reasonable accommodation. The resident then sued the PHA for allegedly violating her due process rights.

Owner Not Liable for Discrimination

August 15, 2012    

Facts: An occupant sued the local PHA for discrimination for failure to lease him the unit in which he claimed he had resided with his mother before her death.

As a child, the occupant moved with his mother and her husband into the unit. But records show that he moved out...