Recent Court Rulings

Registered Sex Offender Can Continue Occupying Premises

July 12, 2013    
Facts: A PHA began eviction proceedings against a resident after discovering that he was a lifetime registered sex offender in the State of New York. The resident became a convicted sex offender sometime in 1997.
Recent Court Rulings

PHA May Be Liable for Discrimination

July 12, 2013    
Facts: An elderly disabled resident experienced a psychotic episode one morning. Acting on the basis of delusions, she turned on her faucets, boiled pots of water, and obstructed the entrance to her unit. A maintenance employee smelled gasoline and unsuccessfully attempted to enter her unit. Police...
Recent Court Rulings

Hearing Officer Properly Described Reasons for Decision

July 12, 2013    
Facts: A Section 8 resident signed a one-year lease agreement that stated that, at the end of the lease term, she could continue to rent the unit from the owners, with their consent, on a month-to-month basis. The agreement also provided that, after the initial one-year lease period, either party...
In the News

HUD to Hold Competition to Help Sandy-Ravaged Communities

July 12, 2013    
HUD recently announced that it would hold a competition to attract talent and projects to help strengthen communities battered by Hurricane Sandy. The competition, Rebuild by Design, is part of the nearly $51 billion Sandy aid package approved by Congress in January. The governors of New York, New...
The Trainer

The Trainer — August 2013

July 11, 2013    
EVICTING RESIDENTS WHO ABANDON THEIR UNITS; GETTING PROOF OF SSNs In this month’s feature, we discussed how to determine whether a household has abandoned its unit, and what steps to take before you should ask a court to evict the household so you can clean out the unit, terminate the...
Feature

How to Screen Applicants for Drug Abuse and Other Criminal Activity

June 19, 2013    
HUD’s “one-strike” rule sets out specific grounds for denying admission to applicants based on certain drug-related and other criminal activity. It requires you to add certain screening criteria to your resident selection plan and lets you add other optional criteria to screen out...
Maintenance

Four Tips for Avoiding the High Cost of Emergency Repairs

June 19, 2013    
HUD rules make it hard for you to pass on the extra cost of emergency repairs to your residents, so you’re the one who will be stuck paying them. Fortunately, you can keep emergency repair costs to a minimum by reducing the number of these repairs your site needs, and by planning ahead to...
In the News

Ohio City’s HCV Program Chosen for Civil Rights Review

June 19, 2013    
HUD has recently selected a public housing authority located in Middletown, Ohio, for an on-site three-day Civil Rights Compliance Review. HUD, the Office of Fair and Equal Opportunity, and Columbus Fair Housing Center chose the Middletown Public Housing Agency for the review and will focus on the...
Recent Court Rulings

PHA Not Liable for Mold-Related Health Problems

June 19, 2013    
Facts: A Section 8 resident sued the local PHA, leasing agents, and various contractors for alleged harm suffered from the presence of mold and microbiological contaminants in her unit. The resident claimed that the site didn’t meet HUD’s Housing Quality Standards and that “...
Recent Court Rulings

Disabled Resident's Accommodation Request Ruled Unreasonable

June 19, 2013    
Facts: A disabled Section 8 resident asked the court to prevent the owners from collecting market rent on her three-bedroom unit. Although her two children had moved out of the unit by 2003, the resident claimed that she still needed three bedrooms to accommodate her belongings and hobbies, such as...