Recent Court Rulings

Fair Housing Group Challenges Town's Lack of Affordable Housing

August 23, 2009    

Facts: The Inclusive Communities Project (ICP), a nonprofit fair housing group in Dallas, went to court alleging that the Town of Flower Mound, Texas, violated the Fair Housing Act by systematically blocking the creation of affordable rental housing. According to ICP, the town refuses to...

Federal Court Refuses to Resolve Dispute Over HUD Grant

August 23, 2009    

Facts: In 1987, HUD awarded the City of Kalamazoo a grant under the Housing Development Grant Program for the construction of a private 150-unit multifamily rental housing development, with 60 units to be reserved for 20 years for occupancy by low-income families. Under the HUD grant...

Resident's Charge of Retaliation Is Premature

August 23, 2009    

Facts: In October 2007, the New York City Housing Authority (NYCHA) notified a public housing resident that her lease was being considered for termination for chronic rent delinquency. Following its termination-of-tenancy policy, NYCHA scheduled a hearing on the charges before an...

Court Backs Owner in Contract Rent Adjustment Case

August 23, 2009    

Facts: The owner of a Section 8 site in Ohio sued HUD for breach of its HAP contract. Ocean View Towers Associates sought damages stemming from HUD's failure to provide the automatic annual rent increases specified in the HAP contract beginning in the contract anniversary year of 2002...

Court Backs Section 515 Loan Prepayment Rules

July 26, 2009    

Facts: The owner of a small multifamily housing development in Oregon went to court in 2006 to force the USDA's Rural Housing Service (RHS) to accept prepayment of her site's Section 515 loan. The owner wanted to be free of the rent restrictions under Section 515 and operate at...

Resident Fails to Make Due Process Case in Eviction

July 26, 2009    

Facts: In April 2003, the Philadelphia Housing Authority gave a resident a notice of lease termination. The housing authority said the resident had done three things that violated her lease:

  • She allowed her son to live with her without the approval of management;

    ...

Aggressive Code Enforcement Not Intended to Shut Down Site

July 26, 2009    

Facts: In March 2002, AHF Community Development, LLC, a nonprofit affordable housing provider, acquired the Bent Creek Apartments in the Lake Highlands area of Dallas with funds from a bond issuance by the Texas State Affordable Housing Corporation. AHF claimed in court that the City of...

Court Reverses Agency's Disability Discrimination Determination

June 23, 2009    

Facts: After two resident shareholders in a cooperative housing development in Bayside, N.Y., acquired a dog, in violation of the cooperative's no-dogs policy, the development began eviction proceedings. The residents complained of discrimination, seeking to keep the dog as a...

Court Upholds FCC Ban on Exclusive Cable Agreements

June 23, 2009    

Facts: Trade associations representing cable operators and apartment building owners sued in federal court in Washington, D.C., to overturn an order of the Federal Communications Commission (FCC) banning exclusivity agreements between cable companies and owners of multiple-unit buildings...

Owner, Manager Can Be Liable for Employee's Discriminatory Actions

June 23, 2009    

Facts: In a fair housing enforcement action, the U.S. Department of Justice sued the companies that owned and managed the Central Park Towers Apartments in Kansas City, Kansas, under Title VIII of the Civil Rights Act of 1968. The suit also individually named a woman who worked for the...

Law Allows, But Doesn't Mandate, Eviction in Drug Cases

June 23, 2009    

Facts: After police found crack cocaine, powdered cocaine, and drug paraphernalia in a public housing unit, the Housing Authority of Covington issued a notice of eviction to the resident. The resident claimed that she had no knowledge of drugs in her apartment and had not put them there....

Voucher Termination Denies Resident Due Process

May 24, 2009    

Facts: A housing authority terminated Section 8 rental assistance after a voucher holder was involved in a violent altercation with a neighbor. Although the voucher holder had not been convicted of any crime, he had been charged with two felony counts of aggravated assault. Believing the...