Recent Court Rulings

Owner May Be Liable for Breach of Contract

October 29, 2019    

Facts: A former Section 8 resident sued the local PHA and an owner for alleged housing discrimination and breach of contract. The resident claimed that after making written promises to transfer the resident to a new unit free of dangerous inhalants, the owner refused to deliver...

PHA Can Terminate Benefits for False Statements

October 29, 2019    

Facts: A resident was terminated from the Section 8 program after the PHA investigated her marital status. The resulting report concluded that she was married and didn’t provide true and correct information about her...

PHA Accountants May Be Held Liable for Former Director’s Fraud

August 15, 2019    

Facts: A local PHA sued its former accountants, seeking to recover losses from their alleged negligent failure to detect the fraudulent conduct of its former executive director and former finance director. The former executive director’s employment agreements established...

PHA Can Terminate Resident’s Benefits Due to Unauthorized Occupant

August 15, 2019    

Facts: A local PHA sent a resident a notice of the termination of her participation in the Section 8 program. The PHA claimed that the resident improperly permitted an unauthorized occupant to reside with her and this occupant violated the rule against criminal activity by...

City's Section 8 Antidiscrimination Ordinance Doesn't Violate Owner's Rights

July 17, 2019    

Facts: An owner sued the city over a new law that bars owners from screening out prospective tenants who use Section 8 vouchers. Under the new rules, owners can screen prospective renters but can no longer stipulate that Section 8 tenants aren’t allowed. The ordinance...

Defective Pre-Termination Notice Included Undesignated Charges

July 17, 2019    

Facts: A Section 8 resident signed a HUD model lease for a unit. The term of the lease was for one year, and the resident remained in the unit after the first year on a month-to-month basis. The owner filed for eviction based on the nonpayment of rent in the amount of $1,402....

Resident Breached Lease by Failing to Pay Rent

July 17, 2019    

Facts: A resident of a HUD-assisted site received a rent subsidy that reduced her monthly portion of the rent to $139 of the total rent of $532. The owner sent the resident a “Notice of Termination of Lease” informing her that her lease would be terminated effective...

PHA Can't Terminate Voucher for Single Off-Site Alcohol-Related Crime

June 13, 2019    

Facts: A resident applied for the Section 8 program through the Veteran’s Administration Medical Center (VAMC), and the Veteran’s Affairs Supportive Housing (VASH) program screened and approved him. The resident entered into a Housing Assistance Payment (HAP)...

Resident Can Raise VAWA Defense in Court to Prevent Eviction

June 13, 2019    

Facts: Following nonpayment of rent, a local PHA served a subsidized housing resident with an eviction notice. On the hearing date, the parties entered into an agreement that suspended the eviction action on the condition that the resident make a fixed monthly payment for use...

Resident Didn't Present Enough Facts in Discrimination Lawsuit

May 9, 2019    

Facts: A resident of Iranian national origin filed a discrimination lawsuit against the local PHA and its employees. The resident represented herself and filed the lawsuit on her own without an attorney’s assistance.

Bedbug-Affected Residents Can File Class Action Lawsuit

May 9, 2019    

Facts: A group of residents of a Section 8 site claimed that the site manager didn’t do enough to protect them from bedbugs. Current and former residents of the site asked the court to certify a class based on the PHA’s allegedly inadequate response to a years-long...

Resident Evicted for Assault and Threats Against Manager

April 11, 2019    

Facts: In October 2017, a PHA sent a resident an eviction notice explaining that she had breached her lease by threatening and punching the site manager, violently smacking a clipboard from the manager’s hands, and physically injuring her. The notice identified sections of...