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

Applicant May Not Take Over Mother's Lease

June 8, 2012    

Facts: After a resident passed away, her son asked the PHA to consider him as a “remaining family member.” According to the PHA's policy, a remaining family member is a member of the original tenant family and may succeed to a former resident's lease if he or she is...

Owner Needs Valid Reason to Evict Resident

June 8, 2012    

Facts: An owner sued to evict a low-income resident from a unit that was part of a privately operated site developed on city-owned land with assistance from a local redevelopment agency. Her annual lease had been twice renewed and her rent subsidy approved through the end of the fiscal...

PHA Didn't Give Resident Sufficient Notice

May 28, 2012    

Facts: A local PHA knew that a resident was incarcerated at the county jail when it sent a letter to her home address notifying her that it was terminating her housing assistance payments. The resident completed her sentence, returned to her unit, and discovered the termination notice...

Resident Can't Maintain Second Subsidized Unit

May 28, 2012    

Facts: The owner of a project-based Section 8 housing site started an eviction proceeding against a resident for violating a substantial obligation of his tenancy. According to the owner, the resident had another unit that was subsidized by the local housing authority and he failed to...

President's Budget Not Sufficient to Fully Renew Rental Assistance

May 28, 2012    

According to a recent report by the Center on Budget and Policy Priorities (CBPP), President Obama's fiscal year 2013 budget request for HUD is at least $1.7 billion below the amount needed to fully renew rental assistance provided this year under HUD's three major rental assistance...

PHA Didn't Retaliate Against Temp Worker

May 28, 2012    

Facts: A local PHA hired a temporary maintenance mechanic. The man was assigned to work under a supervisor, and his project was to install shower stalls in public housing in East St. Louis, Ill. While working on the shower-installation project, the mechanic complained to co-workers about...

Owner Didn't State Valid Reason in Eviction Notice

April 26, 2012    

Facts: Under the terms of a resident's 2003 lease, the agreed-upon rent was $950 per month, payable on the first day of each month. The tenancy was governed by a Section 8 housing assistance payments (HAP) contract, and the premises were located within the jurisdiction of the Los...

Finance Agency Must Pay Rent Increases for Below Market-Rent Units

April 26, 2012    

Facts: An owner and the Ohio Housing Finance Agency (OHFA) are parties to a HUD-approved housing assistance payments (HAP) contract under which Section 8 subsidies are applied to rents at the site. The owner sued OHFA for breach of contract, alleging that OHFA failed to pay a series of...

PHA May Be Liable for Using 'Personal Care Sponsor Agreement'

April 26, 2012    

Facts: When a resident applied for housing at a local PHA, she was offered a lease and a blank copy of a Personal Care Sponsor Agreement (PCS form).

Romney Hints at Eliminating HUD if Elected

April 26, 2012    

Speaking at a Florida fundraiser recently, GOP presidential candidate Mitt Romney hinted he might eliminate the Department of Housing and Urban Development (HUD) and dramatically restructure the Department of Education if he becomes president.

The former Massachusetts governor and...

PHA May Be Liable for Failing to Evict Criminal

April 26, 2012    

Facts: A resident was killed by a stray bullet when a fellow resident fired a gun in the direction of the site's security office. As a result, survivors of the incident sued the PHA for negligently failing to evict the criminal resident at the first instance of violent behavior.

Resident Challenges PHA's Action to Overturn Hearing Officer's Decision

April 26, 2012    

Facts: A resident is a participant in the Section 8 Housing Choice Voucher program. One day she got involved in a physical altercation with two other women. According to the resident, the other females were unknown to her, intoxicated, and physically attacked her first. She said she only...