Recent Court Rulings

Section 8 Resident Can't Sue HUD for Unit Conditions

October 31, 2010    

Facts: A resident sued the City of New York and HUD, claiming that the condition of her unit and building deteriorated despite her repeated complaints. She claimed that the owner didn't comply with the Section 8 inspection requirements. Specifically, the resident described having to...

PHA Not Guilty of Discrimination, Retaliation

October 31, 2010    

Facts: Two married African-American residents, including a husband with a disability, claimed that the Section 8 unit in which they live failed to meet housing standards and that the Housing Authority of South Bend (HASB) didn't remedy the conditions they complained about.

PHA Must Compensate Owner for Cost of Submitting Comparability Study

October 31, 2010    

Facts: Two site owners sued the Illinois Housing Development Authority (IHDA), alleging that IHDA breached its housing assistance payments (HAP) contracts by: failing to increase contract rents or by raising contract rents by less than the amount called for in the HAP contracts; reducing...

No Proof of Ongoing Illegal Activity by Resident

September 27, 2010    

Facts: The New York City Housing Authority (NYCHA) sued to evict a resident for illegal narcotics-related activity. The resident's babysitter had been arrested and, with a search warrant, the police found heroin and cocaine in one of the bedrooms in the resident's unit.

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Resident Can Be Evicted for Keeping Unlicensed Dogs

September 27, 2010    

Facts: The New York City Housing Authority (NYCHA) terminated a resident's lease after finding that she failed to register her dogs or comply with the site's pet policy. NYCHA also found that the resident chronically failed to pay her full rent. The resident appealed, claiming...

HUD Illegally Terminated HAP Contract

September 27, 2010    

Facts: HUD terminated the housing assistance plan (HAP) contract of a Section 8 site in Western Pennsylvania and foreclosed on the property, which was then transferred to a purchaser.

Residents of the site sued HUD in federal district court, arguing that the agency had illegally...

Eviction Warrant Vacated in Nonpayment Proceeding

September 27, 2010    

Facts: An owner sued to evict a Section 8 resident who failed to pay his portion of subsidized rent for two months. The court ruled for the owner based on the resident's default, but later reopened the case. The resident got a commitment from the local department of social services (...

HUD Legally Exempted PHA from Civil Service Regulations

September 27, 2010    

Facts: Employees of the New Orleans Housing Authority claimed that HUD improperly exempted the housing authority from Louisiana civil service laws and that the Louisiana Civil Service Commission (LCSC) improperly acceded to HUD's action, which resulted in the government agencies...

Owner Can Evict Resident for Objectionable Conduct

September 27, 2010    

Facts: A New York City site owner sued to evict a HUD Section 202/8 resident based on his objectionable conduct. The owner and resident signed a settlement agreement in court. A judgment and eviction warrant were issued, but stayed for a two-year probation period. The resident agreed not...

Live-In Aide Can't Own Section 8 Property

August 29, 2010    

Facts: On his application for Section 8 housing assistance, a resident identified a live-in aide as a member of his household, but did not disclose that the aide also owned the property in which he would be residing. Instead, his application stated that no member of his household owned...

City Can't Reject Developer's Application Because of Size

August 29, 2010    

Facts: Dunes City, Ore., through its Land Use Board of Appeals (LUBA), rejected a developer's proposal to build single-family and government housing in the city. The developer asked a court to overrule the LUBA's decision, which was based on the city having fewer than 2,500...

Minnesota Owners Can Terminate Section 8 Participation

July 18, 2010    

Facts: Owners in Minnesota stopped accepting new Section 8 residents for their property, using a two-phase plan to not renew the leases of existing residents. In 2005 and 2006, they did not renew Section 8 leases for one- and two-bedroom units; in 2006 and 2007, they did not renew Section...