Recent Court Rulings

Recent Court Rulings

PHA Not Required to Add Non-Resident to Household

October 16, 2018    

Facts: In March 13, 2009, a site’s management office received a “Request for Permanent Permission” on behalf of a resident to allow her grandson to permanently join her household. The reason for the...

Owner Discriminated by Refusing Reasonable Accommodation

September 24, 2018    

Facts: A disabled Section 8 resident claimed the site owner discriminated against her on the basis of her disability by refusing to allow her sister and primary caretaker to live in her unit.

PHA Didn't Take Away Voucher Holder's Property Interest

September 24, 2018    

Facts: In late August 2017, a resident with a Section 8 voucher began house-sitting for her daughter while the daughter attended a funeral. The resident returned to her unit briefly on Sept. 4 and 11 and then returned permanently on Sept. 29. During the period the resident was...

Resident Evicted for Repeated Minor Violations

September 12, 2018    

Facts: An owner sought to evict a resident from a HUD-subsidized apartment for material lease violations. A code enforcement officer for the city appeared as witness for the owner and testified that, after receiving a police-initiated complaint, he inspected the resident’s...

Enhanced Voucher Holders May Remain at End of Lease Term

September 12, 2018    

Facts: In 1982, a resident and her son moved into a project-based Section 8 site. A few years later, they were joined by the resident’s granddaughter. The resident lived in the unit until her death in 2015. And her granddaughter continues to live there, now with her three...

Hearing Officer Didn't Abuse Discretion in Terminating Resident's Voucher

August 14, 2018    

Facts: In May 2014, a Section 8 resident and her three children moved into an apartment. In March 2016, after one child turned 18, he moved out of the apartment. In April 2017, the child repeatedly parked the resident’s car in other tenants’ parking spaces. The...

Unresponsive Resident Didn't File Proper Objections

August 14, 2018    

Facts: The lease of a HUD-subsidized resident states that each year he must recertify that he’s...

Delay in Approving Reasonable Accommodation Request Didn’t Constitute Denial

July 19, 2018    

Facts: An elderly Section 8 resident with Alzheimer’s disease rented a studio apartment at a senior living community. After her diagnosis, based on her disability, she requested a reasonable accommodation to move “to preferably a two bedroom to accommodate a live-in...

PHA Properly Denied Section 8 Voucher

July 19, 2018    

Facts: A Section 8 resident sued the owner and the local PHA for allegedly unlawfully evicting her from an apartment in retaliation for filing a small claims lawsuit against the owner. The resident asked a federal district court to reverse the eviction and require the PHA to...

Owner Can't Evict Due to Undefined Lease Term

June 13, 2018    

Facts: A public housing resident was arrested and charged with simple assault and terroristic threats as a result of an incident that occurred in a courtyard outside of an apartment at another site, approximately 1.2 miles from her residence. The complaining witness told police...

Resident Disqualified from HCV Program for Threatening PHA Staff

June 13, 2018    

Facts: A Section 8 voucher holder sued a local PHA for terminating his participation in the Section 8 voucher program. The resident initially received a voucher for a one-bedroom apartment but desired a two-bedroom voucher, asserting that he’s disabled and requires an...

In-Home Supportive Service Payments Considered Household Income

May 11, 2018    

Facts: A Section 8 resident lives with her severely disabled adult daughter. As a Section 8 participant, the resident receives a monthly rent subsidy, or “housing assistance payment,” the size of which varies depending on her income. The family also participates in a state...