Recent Court Rulings

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...

HUD Not Liable for Site Owner's Alleged Maintenance Deficiencies

May 11, 2018    

Facts: A resident sued HUD, alleging physical and economic injury resulting from deficient maintenance of her housing complex. The resident claimed that the site’s management and the local PHA didn’t respond to her complaints regarding “a broken refrigerator,...

Residents' Lead-Paint Grievances Suited for State Court

April 13, 2018    

Facts: A group of residents sued the New York City Housing Authority (NYCHA) in federal court for familial discrimination and allegedly depriving them of their property right to a habitable residence free from dangerous conditions. They asked the court to appoint an independent...

PHA Didn't Violate Constitution with Bedbug Eradication Efforts

April 13, 2018    

Facts: A group of residents filed a class action lawsuit against a PHA. The residents claimed that the PHA’s actions with regard to the site’s bedbug infestation amounted to a violation of their due process rights. They claimed that the PHA’s extermination...

PHA Not Liable for Wrongful Death

April 13, 2018    

Facts: In March 2012, a resident and her four children died after a fire spread from the kitchen of their apartment. The estate of the deceased sued the local PHA for negligence and wrongful death. They claimed that the PHA failed to ensure that “properly working and...

Resident Didn't File Retaliation Claim in Time

March 15, 2018    

Facts: A former resident sued the local PHA and its property manager for retaliating against her in violation of the First Amendment for participating in tenant advocacy activities. The resident was involved in organizing tenants at the public housing site from 2010 until 2012...

Owner Not Liable for Fraud and Concealment

March 15, 2018    

Facts: A resident sued an owner for fraud and concealment based on alleged misrepresentations made when the resident was a prospective tenant looking to rent a unit at the site. In November 2008, at the time the resident was looking at an apartment, he “made several...

Owner Not Liable for Disability Discrimination

February 15, 2018    

Facts: A site manager notified an applicant that her application for housing wasn’t accepted “because a credit check has revealed that [she] ha[s] a negative credit history[,]” which was “verified through TransUnion.” The credit report referenced in the...

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