Recent Court Rulings

Public Housing Applicant Never Completed Application

March 20, 2011    

Facts: A prospective resident sued to compel the New York City Housing Authority (NYCHA) to reinstate her Section 8 housing voucher and to enforce a lease agreement she signed for a unit. The applicant had received a 180-day Section 8 voucher in July 2009. NYCHA located a unit for the...

Owner Didn't Retaliate Against Resident for Complaints About Water Quality

February 28, 2011    

Facts: A resident of a low-income housing site in the Virgin Islands complained to the owner that the water at the site was burning his face and eyes and smelled of Clorox. According to the resident, the owner responded that the resident was always complaining that the water was always...

PHA Can't Bar Resident's Son Who Wasn't Dangerous

February 28, 2011    

Facts: A public housing authority (PHA) decided that a resident's adult son should be excluded from the resident's household based on his 2007 criminal charges. The resident appealed, claiming that the PHA's decision was arbitrary and unreasonable.

Ruling: A New...

PHA Not Responsible for Resident's Fall on Black Ice

February 28, 2011    

Facts: A resident sued the New York City Housing Authority (NYCHA) and its contractor for negligence after slipping and falling on black ice on the walkway in front of her building. NYCHA and its contractor, which had installed a sidewalk shed in front of the building, asked the court to...

Resident Can Be Evicted for Subletting Unit

February 28, 2011    

Facts: The New York City Housing Authority (NYCHA) determined that a resident had illegally sublet her unit without NYCHA's consent. The resident appealed NYCHA's decision, claiming that it was unreasonable. The court found the penalty too harsh and put the resident on probation...

Memphis PHA May Be Liable for Resident's Wrongful Death

January 25, 2011    

Facts: A resident of a housing site owned and operated by the Memphis Housing Authority (MHA) was fatally shot at the site by another resident.

Owners Denied Back Rent Adjustment Payments

January 25, 2011    

Facts: The owners of four multifamily housing sites that receive Section 8 assistance claimed that a South Dakota public housing authority (PHA) violated their housing assistance payments (HAP) contract.

Housing Agency Didn't Create Hostile Work Environment

December 28, 2010    

Facts: An Hispanic employee of the Housing and Community Service Agency of Lane County, Oregon, which provides housing and services for moderate- to low-income Oregon residents, was disturbed by her coworkers’ attitude toward minorities.

PHA Didn't Have to Put Disabled Applicant at Top of Waiting List

December 28, 2010    

Facts: An applicant filed a complaint against the Bayonne Housing Authority (BHA), claiming that it unlawfully discriminated against him on the basis of his disabilities when, upon his request for a Section 8 housing voucher, it didn't put him at the top of the applicant list.

...

Did PHA Improperly Deny Owners Rent Adjustments?

November 24, 2010    

Facts: The owners of multifamily housing sites sued the Maine Housing Authority for failing to automatically increase their Section 8 rental subsidies on an annual basis pursuant to their housing assistance payments (HAP) contracts. The housing authority asked the court to dismiss the...

NYCHA Legally Terminated Tenancy for Chronic Rent Delinquency

November 24, 2010    

Facts: The New York City Housing Authority (NYCHA) charged a resident with chronic rent delinquency. At a hearing, the assistant site manager testified that the resident had not paid rent for almost two years.

The resident testified that NYCHA “listed” her as a “...

Resident Didn't Disclose Live-In Aide Owned Unit

November 24, 2010    

Facts: A Minnesota resident received Section 8 housing assistance and additional benefits for a live-in aide, who also owned the unit in which they resided. On the application for assistance, the resident identified the live-in aide as a household member, but didn't disclose that she...