Damages Allowed for Midyear Section 8 Rent Adjustments

Damages Allowed for Midyear Section 8 Rent Adjustments



Facts: A New Jersey public housing authority (PHA) and an owner of private housing sued the United States for breaching its obligations under a housing assistance payments (HAP) contract for a housing project. The PHA claimed that the federal government didn't provide rent increases from 2001 to 2007. The PHA sought damages for the portion of the year beginning on Sept. 4, 2001. The federal government argued that rent adjustments take place only on the anniversary date, so no damages should be awarded for any portion of that year.

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