Recent Court Rulings

PHA Violated Resident’s Due Process Rights

October 13, 2017    

Facts: A Section 8 Housing Choice Voucher (HCV) program participant sued the local PHA for allegedly violating her procedural due process rights by effectively terminating her HCV assistance without making an official determination that she was subject to termination from the...

Owner Not Liable for Religious Discrimination

October 13, 2017    

Facts: A married Muslim couple who dress in traditional attire sought to rent an apartment at a low-income site. After being denied, the couple sued the owner for religious discrimination under the Fair Housing Act.

The rental application asked for a variety information...

Court Rules Maryland Law Applies in Section 8 Evictions

September 27, 2017    

Facts: A severely disabled resident lives in Section 8 housing for low-income elderly and disabled tenants. He suffers from incomplete paralysis in his extremities, with muscle spasms and sensations leaving him in daily pain. At the time of lease renewal, he signed a drug-free...

Management Company Not Liable for Racial Discrimination

September 27, 2017    

Facts: A nonprofit organization that seeks to maintain racially and economically inclusive communities sued a property management company alleging violations of the Fair Housing Act. The lawsuit claimed that the company has a general policy that it won’t negotiate with,...

Owner Can Evict Disabled Resident for Not Paying for Door Damage

September 27, 2017    

Facts: A disabled resident living in a Section 8 assisted living apartment refused to pay for damage to the building’s motorized front door. The owner sued to evict the resident.

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...

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