Recent Court Rulings

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...

Owner Not Liable for Shooting Death

January 13, 2017    

Facts: The family of a 16-year-old boy sued a site owner over the shooting death of the boy outside of his cousin’s apartment. According to an affidavit of the property manager, the boy was shot by a visitor of a resident. Another resident testified that the shooter had...

Discrimination Case Against PHA Allowed to Continue

December 13, 2016    

Facts: A public housing resident appealed the dismissal of her civil rights suit against the local PHA and its property manager for alleged racial discrimination in violation of the Fair Housing Act (FHA). In the original complaint, the resident alleged that during an encounter...

PHA Not Liable for Unlawful Retaliation

December 13, 2016    

Facts: After the local PHA successfully obtained a court order to evict a resident, the resident filed a First Amendment retaliation claim against the PHA and a false arrest charge against police officers. The resident claimed that she was unlawfully retaliated against by the...

PHA Justified in Terminating Tenancy for Drug-Related Activity

December 13, 2016    

Facts: A public housing resident asked a court for a special proceeding to review a determination by the local PHA that she had violated certain provisions of her lease and, thus, was justified in terminating her tenancy.

Live-In Aide Can’t Sue on Resident’s Behalf

November 15, 2016    

Facts: A Section 8 resident lived with a live-in aide. Only the resident was on the lease. When the heating and air conditioning unit was damaged, the owner blamed the resident, threatening to evict her. In March 2016, the resident was served with a notice to vacate the property...

PHA Liable for Unit’s Bedbug Infestation

November 15, 2016    

Facts: Household members sued the local PHA, alleging that the PHA was negligent because it failed to eradicate a bedbug infestation condition. The residents claimed that the condition began in 2012 and continued to date. The PHA admitted that the unit had bedbugs on and off...

Owner's Termination Notice Deemed Defective

November 15, 2016    

Facts: An owner sought to evict a Section 8 resident. The resident asked the court to dismiss the case based on an allegedly defective termination notice.

PHA May Be Liable for Failing to Conduct Annual Reviews of Utility Allowances

October 31, 2016    

Facts: A group of public housing residents sued their local PHA, claiming that it violated HUD regulations and the state’s contract law by charging them monthly rent above the lawful ceiling and by failing to conduct annual reviews and interim adjustments of residents...

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