Recent Court Rulings

Owner Not Required to Give Resident Opportunity to Cure Criminal Conduct

January 15, 2019    

Facts: A site owner gave a resident notice that it was terminating his lease at the end of the monthly renewal period.

PHA Not Liable for Section 8 Resident's Short-Term Fees

January 15, 2019    

Facts: A Section 8 resident sued the local PHA for allegedly violating his rights by not including in its subsidy for voucher tenants month-to-month or short-terms fees that some owners charge.

Court Denies Government's Proposed Settlement for NYCHA Violations

December 11, 2018    

Facts: The U.S. government asked a court to approve a proposed consent decree or settlement without admission of liability with the New York City Housing Authority (NYCHA). The decree sought to bring organizational...

Remaining Widow Doesn't Qualify for Elderly Housing

November 19, 2018    

Facts: A Section 202 site that provides supportive housing for the elderly sought to evict the wife of a deceased resident. She moved into the unit with her husband in May 2004 and lived there continuously for the past 14 years. Her husband, the tenant of record and head of...

Applicant Submitted Voucher Documents Past Expiration Date

November 19, 2018    

Facts: An applicant sued a caseworker in her official capacity as an employee of the PHA. The applicant was issued a Section 8 voucher on Oct. 18, 2017, and was given 60 days to find housing for him and his family....

PHA Not Required to Add Non-Resident to Household

October 16, 2018    

Facts: In March 13, 2009, a site’s management office received a “Request for Permanent Permission” on behalf of a resident to allow her grandson to permanently join her household. The reason for the...

Owner Discriminated by Refusing Reasonable Accommodation

September 24, 2018    

Facts: A disabled Section 8 resident claimed the site owner discriminated against her on the basis of her disability by refusing to allow her sister and primary caretaker to live in her unit.

PHA Didn't Take Away Voucher Holder's Property Interest

September 24, 2018    

Facts: In late August 2017, a resident with a Section 8 voucher began house-sitting for her daughter while the daughter attended a funeral. The resident returned to her unit briefly on Sept. 4 and 11 and then returned permanently on Sept. 29. During the period the resident was...

Resident Evicted for Repeated Minor Violations

September 12, 2018    

Facts: An owner sought to evict a resident from a HUD-subsidized apartment for material lease violations. A code enforcement officer for the city appeared as witness for the owner and testified that, after receiving a police-initiated complaint, he inspected the resident’s...

Enhanced Voucher Holders May Remain at End of Lease Term

September 12, 2018    

Facts: In 1982, a resident and her son moved into a project-based Section 8 site. A few years later, they were joined by the resident’s granddaughter. The resident lived in the unit until her death in 2015. And her granddaughter continues to live there, now with her three...

Hearing Officer Didn't Abuse Discretion in Terminating Resident's Voucher

August 14, 2018    

Facts: In May 2014, a Section 8 resident and her three children moved into an apartment. In March 2016, after one child turned 18, he moved out of the apartment. In April 2017, the child repeatedly parked the resident’s car in other tenants’ parking spaces. The...

Unresponsive Resident Didn't File Proper Objections

August 14, 2018    

Facts: The lease of a HUD-subsidized resident states that each year he must recertify that he’s...