Recent Court Rulings

Owner May Be Liable for Charging Impermissible Rents

August 11, 2017    

Facts: A group of Section 8 residents claimed that owners improperly charged them for washer and dryer rentals, renter’s insurance, and covered parking. The residents argued that “side payment” for these services constitute impermissible rent under the Section...

Tenant Breached Settlement Agreement Due to Intoxication and Violent Behavior

August 11, 2017    

Facts: An owner sued to evict a tenant for breach of lease conditions other than nonpayment of rent. The parties eventually resolved the dispute through arbitration, which was memorialized in a settlement agreement. After the settlement, in May 2016, the tenant was involved in...

Live-In Aide Has No Continued Right to Occupy Apartment

August 11, 2017    

Facts: A disabled resident received permission to have her son live with her as a live-in aide. The son signed a live-in aide agreement in which he agreed he was an “employee of Lou White” and that he “ha[d] no other rights to the unit. After the resident...

Owner Improperly Removed Daughter from Household Composition

July 19, 2017    

Facts: For most of her life, a resident’s daughter lived at a Section 8 site. In or prior to 2007, without her knowledge, her mother removed her from the household composition forms. She continued to live in the apartment. When her mother moved out and she sought to take...

PHA and Manager Not Liable for Visiting Child’s Death

July 19, 2017    

Facts: A young child was shot and killed while visiting a resident at an assisted site. During her tenancy, the resident had several lease violations and alleged violations. These problems ranged from having breed-restricted dogs in her apartment, to playing loud music, to...

Resident Violated Terms of Settlement Agreement

July 19, 2017    

Facts: A public housing resident appealed a trial court order granting possession of her apartment to the owner based on her violation of a settlement agreement. The resident claimed she didn’t breach the agreement. Specifically, she asserted that the owner failed to...

PHA's 30-Day Reporting Requirement Is Valid

June 16, 2017    

Facts: A resident asked a court to overturn a local PHA’s decision to terminate her participation in the Section 8 program. The PHA sought to terminate the resident’s benefits because she didn’t report the births of two of her grandchildren in the household...

PHA Not Required to Provide Preferential Treatment to Applicant

June 16, 2017    

Facts: After a local PHA placed an applicant for the Section 8 voucher program on a waiting list, the applicant claimed that he was entitled to, and has been denied, preferential treatment due to his mental disabilities, which include bipolar disorder/manic depression,...

PHA Not Required to Include Reasonable Accommodation Language in Lease Itself

June 16, 2017    

Facts: A resident who has lived at a site managed by a local PHA for over 10 years sued the PHA, claiming that the PHA, as his landlord, attempted to have him sign a “lease that doesn’t have in it the accommodation for people with disabilities which is HUD regulation...

PHA Not Liable for Neighbor’s Actions Against Resident

June 16, 2017    

Facts: A disabled resident sued the local PHA for alleged 14th Amendment violations. He claimed that the PHA failed to provide safe and habitable housing by failing to protect him from his neighbors’ unwanted contacts and the obstacles his neighbor placed on the sidewalks...

Resident Violated Lease by Harboring Unauthorized Occupant

May 18, 2017    

Facts: A resident who qualified for a Section 8 housing subsidy signed a lease agreement identifying her as the sole occupant of the unit. In March 2015, the owner issued a notice demanding the resident cease activity that violated the lease.

Owner Not Liable for Retaliation, Time-Barred Alleged Discriminatory Acts

May 18, 2017    

Facts: A resident sued an owner for unlawful discrimination and retaliation in violation of the Fair Housing Act. The resident claimed that the property manager discriminated against her because she is a Jehovah’s Witness and retaliated against her after she filed...

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