Dos & Don'ts, Q & A, Recent Court Rulings, HUD Audits, In the News

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.

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...

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...

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...

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...

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...

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...

Possession of Drug Paraphernalia Not Equivalent to Actual Drug Possession

June 19, 2013    

Facts: A police officer searched a Section 8 resident’s unit pursuant to a search warrant and found six empty heroin bags, two crack pipes, and used hypodermic needles. A month later, the local PHA sent a notice to the resident terminating her benefits because she had...

Housing Agency Officers May Be Liable for Retaliation

June 19, 2013    

Facts: An owner who has participated in the Housing Choice Voucher (HCV) program since 2005 claimed that between March and June 2011, he attended local PHA public hearings to voice complaints against the PHA to the public and to the Board of Commissioners. He criticized the PHA...

HUD Proposes New Rule for Pet Deposits, Seeks Comments

June 19, 2013    

HUD recently issued proposed rules intended to harmonize its pet deposit policies. Agents and owners of sites designated for the elderly or handicapped aren’t allowed to discriminate against residents or applicants that own or keep a common household pet [HUD Handbook 4350.1, Ch. 32, Sec....

Audit Exposes Major Problems within San Francisco Housing Authority

June 19, 2013    

A scathing audit released on June 3 by the San Francisco Board of Supervisors’ Budget and Legislative Analyst has highlighted multiple problems within the San Francisco Housing Authority (SFHA). The SFHA was the first public housing authority established in California and remains the 17th...

HUD, DOJ Issue Joint Statement on Accessibility under the Fair Housing Act

May 29, 2013    

On April 30, HUD and the U.S. Department of Justice (DOJ) issued a joint statement concerning the Fair Housing Act requirement that multifamily housing be designed and constructed so as to be accessible to persons with disabilities. The new guidance aims to help design professionals, developers...