Recent Court Rulings

PHA Can Evict Resident for Guest's Criminal Behavior

August 11, 2022    

HUD says owners may terminate tenancy for any of the following types of criminal activity by a covered person (that is, a tenant, household member, guest, or other person under the tenant’s control):

1.       Any criminal activity that threatens the...

PHA Didn't Send a Separate Notice to Vacate as Required by State Law

June 9, 2022    

In a recently decided case, a court found that a public housing agency (PHA) couldn’t evict a resident because the PHA didn’t strictly comply with the state’s notice-to-vacate requirements. Under Texas state law, for a tenant under a written lease, the owner must give the...

Owner Didn't Provide Enough Details in Pre-Termination Notice

March 10, 2022    

In a recently decided case, an owner of a HUD-subsidized building failed to evict a resident because the owner’s pre-termination notice wasn’t specific enough. Owners must furnish a proper lease pre-termination notice letting residents know exactly what they did wrong. If the notice...

Housing Authority Can Evict Resident for Serious Nuisance Conduct

February 10, 2022    

The manager’s thorough documentation and testimony were key.

 

PHA Didn't Consider Relevant Circumstances When Terminating Benefits

January 14, 2022    

Facts: An Illinois PHA terminated a resident’s housing assistance for violating a family obligation under the voucher program. The PHA tried to inspect her unit at two different times for an annual inspection. The resident wasn’t present for the two inspections, and...

PHA Can Terminate Resident’s Voucher for Guest’s Criminal Activity

January 14, 2022    

Facts: When a resident first leased her unit, she listed five people as members of the household.

Texas Federal Judge Rules Eviction Moratorium Is Unconstitutional

March 11, 2021    

So why is the moratorium still in effect?

 

On Feb. 25, an Eastern District of Texas federal judge ruled that the Centers for Disease Control and Prevention’s (CDC’s) national eviction moratorium is unconstitutional. The moratorium was implemented by the...

Owner Can Evict Resident for Letting Guests Smoke in Unit

June 12, 2020    

Facts: Ignoring repeated written warnings, a resident continued to smoke in her Section 8 unit and allow her guests to do likewise. And while the multiple complaints from neighbors about her screaming did little to gain the owner’s affections, the last straw was her arrest...

Owner Waives Right to Evict Disruptive Resident by Recertifying Her Lease

June 12, 2020    

Facts: An owner claimed that over a course of four years, a Section 8 resident was a major nuisance, harassing the neighbors, stealing packages, making excessive noise, and getting into fights. But all the while it accepted her rent. In November 2018, she was arrested on the...

Owner May Be Liable for Resident-on-Resident Racial Harassment

December 13, 2019    

Facts: A few months after a resident moved into his apartment, his next-door neighbor began a relentless campaign of racial harassment, abuse, and threats. From the start of his neighbor’s several-month campaign of harassment, the resident, “fear[ing] for his...

Insurer Must Defend Site Owner Against Fire-Related Lawsuit

November 22, 2019    

Facts: Before a resident moved into her unit, a new smoke detector with a new battery was installed. The unit was also inspected by a local PHA inspector who found that the unit had the correct number of smoke detectors and that the smoke detectors were working properly. Shortly...

Owner Must Disclose Documents to Occupant Claiming Succession Rights

November 22, 2019    

Facts: After the death of a Section 8 resident, an owner sought to evict a person living in the unit. The occupant claimed succession rights and tried to prove that he lived with the tenant for more than a year before she died from cancer, and that they were involved in an...