Recent Court Rulings

PHA Didn't Give Resident Sufficient Notice

May 28, 2012    

Facts: A local PHA knew that a resident was incarcerated at the county jail when it sent a letter to her home address notifying her that it was terminating her housing assistance payments. The resident completed her sentence, returned to her unit, and discovered the termination notice...

PHA Didn't Retaliate Against Temp Worker

May 28, 2012    

Facts: A local PHA hired a temporary maintenance mechanic. The man was assigned to work under a supervisor, and his project was to install shower stalls in public housing in East St. Louis, Ill. While working on the shower-installation project, the mechanic complained to co-workers about...

Resident Can't Maintain Second Subsidized Unit

May 28, 2012    

Facts: The owner of a project-based Section 8 housing site started an eviction proceeding against a resident for violating a substantial obligation of his tenancy. According to the owner, the resident had another unit that was subsidized by the local housing authority and he failed to...

PHA May Be Liable for Failing to Evict Criminal

April 26, 2012    

Facts: A resident was killed by a stray bullet when a fellow resident fired a gun in the direction of the site's security office. As a result, survivors of the incident sued the PHA for negligently failing to evict the criminal resident at the first instance of violent behavior.

Resident Challenges PHA's Action to Overturn Hearing Officer's Decision

April 26, 2012    

Facts: A resident is a participant in the Section 8 Housing Choice Voucher program. One day she got involved in a physical altercation with two other women. According to the resident, the other females were unknown to her, intoxicated, and physically attacked her first. She said she only...

PHA May Be Liable for Using 'Personal Care Sponsor Agreement'

April 26, 2012    

Facts: When a resident applied for housing at a local PHA, she was offered a lease and a blank copy of a Personal Care Sponsor Agreement (PCS form).

Owner Didn't State Valid Reason in Eviction Notice

April 26, 2012    

Facts: Under the terms of a resident's 2003 lease, the agreed-upon rent was $950 per month, payable on the first day of each month. The tenancy was governed by a Section 8 housing assistance payments (HAP) contract, and the premises were located within the jurisdiction of the Los...

Finance Agency Must Pay Rent Increases for Below Market-Rent Units

April 26, 2012    

Facts: An owner and the Ohio Housing Finance Agency (OHFA) are parties to a HUD-approved housing assistance payments (HAP) contract under which Section 8 subsidies are applied to rents at the site. The owner sued OHFA for breach of contract, alleging that OHFA failed to pay a series of...

PHA Can Deny Housing to Convicted Robber

April 4, 2012    

Facts: In his application for housing at a local PHA, an applicant admitted that he was recently released from prison after serving a 15-year sentence for robbery. In addition to the application, he also signed HUD's Authorization for the Release of Information/Privacy Act Notice and...

PHA May Be Liable for Actions Against Mentally Disabled Resident

April 4, 2012    

Facts: A resident locked herself in her unit and turned on her gas stove. After police responded to the scene, the resident was removed from the unit and referred for a mental health evaluation. The PHA subsequently terminated the resident's lease and denied her federal Section 8...

Housing Agency May Terminate Sex Offender's Rent Subsidy

March 6, 2012    

Facts: The New York City Department of Housing Preservation and Development (HPD) terminated a resident's Section 8 subsidy because he's a Level 2 sex offender who's subject to a lifetime registration requirement. Before terminating the subsidy, HPD had provided it to the...

Disabled Applicant Can Sue Housing Authority

March 6, 2012    

Facts: A local housing authority told a low-income and disabled applicant who was trying to pre-qualify for a unit that he wasn't eligible for Section 8 housing because he had an unfavorable credit history and criminal background. The applicant filed a complaint in court for the...