Recent Court Rulings

Resident Didn't Report Income and Household Changes

February 15, 2016    

Facts: In 2009 and 2010, a PHA discovered that a Section 8 resident had earned income from sources she hadn’t disclosed and investigated whether she had reported all of her income as required. In 2010, the PHA received a report that an unauthorized person was living with...

Owner Not Liable for Discrimination

February 15, 2016    

Facts: A resident with mental illness failed to pay at least some portion her January 2014 rent within the time required under her lease. Due to her late rent payment, the owner initiated eviction proceedings against her in state court and secured a judgment against her on April...

Owner Didn't Waive Right to Evict by Accepting Rent Payments

February 15, 2016    

Facts: An owner sued to evict a Section 8 resident who had continued as a month-to-month resident with an expired housing assistance payment contract. The owner claimed that occupancy was terminated after it sent a statutory 30-day notice of termination that expired on June 30,...

Resident’s Daughter Not Entitled to Succession Rights

February 15, 2016    

Facts: An owner sought to evict a Section 8 resident’s daughter from the unit after the resident passed away. According to the site managers’ testimonies, the resident had been given a two-bedroom handicap-accessible unit because of her age and disabilities as well...

PHA Can't Delegate Duty to Comply with the FHA

January 14, 2016    

Facts: In 1999, a PHA launched a 10-year plan to update its housing. In 2000, HUD gave the PHA conditional approval for a prescribed period of five years during which time the PHA was to take certain actions to ensure it could adequately meet the needs of the disabled. The PHA...

Resident Breached Housing Quality Standards by Not Paying Water Bills

January 14, 2016    

Facts: An owner filed to evict a Housing Choice Voucher (HCV) resident for failure to pay rent. The resident then filed a third-party complaint against the PHA for allegedly unlawfully terminating her HCV benefits.

PHA Didn't Follow Court-Ordered Mold Remediation Timeline

January 14, 2016    

Facts: In December 2013, several households filed a class action complaint seeking injunctive relief against the local PHA for failing to abate mold and excessive moisture in their units. In February 2014, the court certified a settlement class of current and future residents of...

Residents Can File Class Action Lawsuit Against PHA

December 11, 2015    

Facts: Several residents sued a PHA for discrimination and asked the court to certify them as a group. The residents claimed that, on March 1, 2013, the PHA made major changes to its administration of the Section 8 program as a result of federal budget cuts. These changes...

PHA Didn't Violate 14th Amendment with Random Housing Inspections

December 11, 2015    

Facts: Under federal law, a participant in the Housing Choice Voucher program is required to permit the local PHA to inspect his or her unit. The PHA is periodically required to randomly select units from a list of units that had annual inspections performed within the previous...

Resident Didn't Properly Appeal PHA's Termination Decision

November 12, 2015    

Facts: A Section 8 resident sued the local PHA and its employees for allegedly violating her constitutional rights. From March 2008 until January 2013, she entered into a lease agreement for an apartment. The PHA, through a housing inspector, conducted an annual inspection of...

PHA Didn't Consider Mitigating Circumstances

November 12, 2015    

Facts: On March 4, 2013, a local PHA sent a notice of termination of Housing Choice Voucher benefits to a resident. The letter indicated that her benefits were being terminated because she had failed to report in writing within 30 days of an increase in household income or new...

County Must Forfeit Affordable Housing Funds

October 13, 2015    

Facts: For nearly a decade, Westchester County, N.Y., has been engaged in litigation with HUD over whether the county has adequately analyzed—in its applications for HUD funds—impediments to fair housing within the county’s jurisdictions.