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

Owner Not Liable for Discriminatory Retaliation

September 27, 2012    

Facts: A disabled resident sued the owner and management of a low-income senior housing site for discrimination and retaliation. After receiving an announcement that the site was opening its Section 8 waiting list, the resident completed an application for the Section 8 housing...

Owner Liable for Self-Help Eviction

September 18, 2012    

Facts: A Section 8 resident signed a one-year lease, which required her to pay a security deposit and $465 each month. Shortly after moving in, the resident thought she heard bats in the walls of her unit.  She began to run the water for extended periods of time, including...

Hearing Officer Violated Resident's Due Process Rights

September 18, 2012    

Facts: After a hearing, a PHA terminated a resident’s Section 8 voucher and denied her request for reasonable accommodation. The resident then sued the PHA for allegedly violating her due process rights.

Residents to Disclose Social Security Numbers, HUD Says

August 16, 2012    

HUD is expected to announce a Final Rule implementing the revisions to the requirement for disclosure of Social Security numbers, says Linda Kornegay, director of HUD's Rental Housing Improvement Integrity Project (RHIIP) Listserv.

Owner Not Liable for Discrimination

August 15, 2012    

Facts: An occupant sued the local PHA for discrimination for failure to lease him the unit in which he claimed he had resided with his mother before her death.

As a child, the occupant moved with his mother and her husband into the unit. But records show that he moved out...

Present Credible Proof of Illegal Drug Activity to Evict

August 15, 2012    

You can—and should—evict residents who engage in illegal drug activity in their units. But make sure you have adequate proof that the illegal activity took place.

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...

Comply with Local Notice Requirements for Eviction

August 15, 2012    

Before seeking to evict a resident for failing to comply with Section 8 rules, make sure you comply with any local notice requirements that would give the resident an opportunity to cure his Section 8 lease violation. As stated in the previous item, don't assume that termination of Section 8...

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...

Don't Ban Cooking Odors or Warn Ethnic Residents Against Them

August 15, 2012    

Beware of telling ethnic prospects or residents not to cook certain foods with exotic or unpleasant odors. Experts say that there's a common misconception among even well-meaning site managers that people from certain countries cook foods that give off objectionable odors. Sometimes, it'...

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...

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...