Recent Court Rulings

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...

Resident Didn't Prove Need for Emotional Support Animal

May 18, 2017    

Facts: For her entire life, a resident has lived in a subsidized apartment. Her mother, the previous leaseholder, kept a dog in the apartment prior to her death in August 2013. After her mother’s passing, the resident obtained legal guardianship over four of her nieces and...

Owner Not Liable for Discrimination

April 17, 2017    

Facts: A resident and his fiancé sued an owner for housing discrimination on the basis of race, color, national origin, age, and familial status. The complaints were based on certain exchanges they had with property management and staff. According to the lawsuit, a maintenance...

Section 8 Residents Awarded Attorney's Fees, Incentive Payouts

April 17, 2017    

Facts: In early 2013, federal government cuts in discretionary spending resulted in a $21 million reduction in funding for a local housing authority’s voucher program. To address this decrease in funding, the housing authority made significant revisions to its...

PHA Must Reinstate Voucher While Case Is Pending

March 28, 2017    

Facts: A Section 8 resident sued the local PHA and its executive director based on their termination of her voucher. She asserted a violation of her due process rights and violations of her right to a reasonable accommodation for her son’s disability. She also asked the...

PHA Has Discretion to Determine Waiting List Placement

March 9, 2017    

Facts: A Section 8 applicant sued the local PHA and HUD for placing him on the waiting list for Section 8 housing. The applicant claimed that he suffers from various mental disabilities. He alleged that his placement on the waiting list violates his rights under the Equal...

PHA Not Liable for Breach of HAP Contract

March 9, 2017    

Facts: A group of Section 8 owners sued the local PHA for breach of their housing assistance payment (HAP) contracts. Under these contracts, the tenants are required to pay a percentage of their income to the owners, the housing agencies pay the remaining rent, and HUD...

Agreement to Settle Nonpayment Case Prevents Resident’s Unjust Enrichment Claim

February 10, 2017    

Facts: A Section 8 resident sued the management company for unjust enrichment. She claimed that the company raised her rent without authorization and unjustly retained money paid to the company by HUD on her behalf.

PHA May Have Improperly Denied VAWA Protections to Voucher Holder’s Spouse

February 10, 2017    

Facts: A spouse of a voucher holder claimed that the local PHA deprived her of her due process rights by denying her the opportunity to be heard at a hearing to determine the termination of a voucher held by her husband. She wasn’t the voucher holder herself.

Government Liable for Breach of Annual Contributions Contracts

February 10, 2017    

Facts: In a consolidated lawsuit, over 300 PHAs sued the United States for breach of contract. They claimed that HUD breached their Annual Contributions Contracts (ACC) in 2012 when it didn’t comply with the rules set forth at Title 24 of the Code of Federal Regulations...

PHA Not Required to Give Resident Opportunity to Cure Lease Violations

January 13, 2017    

Facts: A public housing resident signed a year-long lease. The lease stated that it “shall automatically be renewed for successive terms of 12 months” unless modified or terminated in accordance with certain lease provisions. On the day of signing, the resident met...

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