Recent Court Rulings

PHA Didn’t Prove Resident's Violent Tendencies

August 15, 2012    
Facts: A PHA filed an eviction lawsuit against a resident based on drug-related criminal activity and an altercation with a neighbor that disturbed other neighbors. The resident was arrested for driving under the influence of psychotropic medication in August 2011. A year earlier, in September 2010...
Recent Court Rulings

Owner Must Show Material Noncompliance with Lease

August 15, 2012    
Facts: The lease between an owner and a Section 8 resident included an addendum providing that "[t]he owner shall not terminate the lease except for ... [m]aterial noncompliance with the lease." The addendum further specified that before terminating the lease, the owner must give the...
Feature

How to Amend HUD Lease to Get Residents to Pay Your Attorney's Fees

July 29, 2012    
Going to court with a resident can be an expensive proposition—even if you win. You may win $1,000 in back rent, but that's not a meaningful victory if you have to pay your attorney a few thousand dollars to win it for you. And without a lease clause requiring residents who violate their...
Dealing with Households

Five Rules for Responding to Domestic Violence

July 29, 2012    
Dealing with domestic violence is one of the trickiest problems site managers face. You may have observed domestic violence first hand, responded to noise complaints from neighbors, have the police called to your site, been asked to terminate a lease against a resident's abusive spouse, or been...
Compliance

Follow HUD Rules When Determining Residential Income for Management Fee Calculations

July 29, 2012    
In last month's issue of the Insider, we told you of HUD's efforts to clamp down on excessive pay at public housing authorities by setting caps that extend and expand limits imposed by Congress. With increased HUD attention on salaries, this may be a good time for owners and managers to go...
Recent Court Rulings

PHA Properly Denied Section 8 Application

July 28, 2012    
Facts: In March 2010, an applicant applied to a PHA for admission into the Section 8 Housing Choice Voucher program. The PHA denied her application based on the results of her criminal background check, indicating that she didn't provide evidence of rehabilitation, and because, at the time of...
Recent Court Rulings

PHA Not Liable for Age Discrimination

July 28, 2012    
Facts: An elderly resident in a federally assisted housing complex sued the local housing authority, the city's mayor, and the local council government for alleged criminal activity targeted at elderly residents at her site.
Recent Court Rulings

PHA Not Liable for Employment Discrimination

July 28, 2012    
Facts: A resident who was a construction worker sued the local PHA and a construction company that did work at the site for discrimination. The worker was employed by a roofing company that was a subcontractor for the construction company. He claimed that his hours were significantly reduced by the...
Recent Court Rulings

Resident Can't Get Voucher While Lawsuit Is Pending

July 28, 2012    
Facts: A PHA issued a Section 8 housing voucher to a resident in December 2008. The resident was notified in September 2011 that he was being terminated from the voucher program for failing to report a change in family income. The apparent change in income was a decrease in the resident's...
In the News

HUD Updates Guidance on Treatment of Registered Sex Offenders

July 28, 2012    
HUD recently released Notice PIH 2012-28 “State Registered Lifetime Sex Offenders in Federally Assisted Housing.” Although this notice was released under the Public and Indian Housing Department, it still applies to many multifamily programs. The notice supersedes Notice H 2009-11 and...