Recent Court Rulings

PHA Not Liable for Negligence Regarding Mold Complaint

October 12, 2015    

Facts: In 2001, a resident began renting a unit at a site owned and operated by the local PHA. In early February 2008, the resident requested that certain repairs be made to his unit and reported that mold was growing under the sink. The completed work order indicates that the...

Resident Met $15,000 Threshold Needed for a Jury Trial

October 11, 2015    

Facts: A resident rented a unit at a federally subsidized site for a number of years. In March 2013, the owner notified the resident that, because of numerous lease violations, it was terminating her lease effective April 12, 2013, and directed her to vacate the unit by that...

Owner Not Liable for Contractor's Injuries

September 29, 2015    

Facts: An independent contractor sued the owner of an assisted site for injuries she suffered when she fell through a second-floor bathroom. The site manager had called the contractor, who owned and operated a business that performed cleaning and repair services, after a...

Owner's Complaints Against PHA Aren't Constitutionally Protected Speech

September 29, 2015    

Facts: An owner participating in the Housing Choice Voucher (HCV) program sued the local housing authority for allegedly violating his first amendment rights by retaliating against him for opposing its improper conduct.

HUD Lawfully Denied CDBG Funds to County

August 12, 2015    

Facts: A New York county that had been a recipient of Community Development Block Grant and other federal housing funds asked a court to review the final administrative determinations by HUD to withhold those funds from the county for the 2011, 2013, and 2014 fiscal years.

Owner Made Improper Mortgage Transfer, Raised Rents Without Proper Notice

August 12, 2015    

Facts: An owner of a 52-unit site obtained a mortgage from an FHA-approved lender. The mortgage was secured as part of HUD’s Section 236 program. The Section 236 program insures loans to private developers in exchange for their commitment to provide low-income housing. As...

PHA Must Provide Voucher Termination Hearing

August 12, 2015    

Facts: A Section 8 resident sued a local PHA for terminating her voucher. She claimed that the PHA terminated her voucher without cause and without an opportunity for a hearing, in violation of the due process clause of the Fourteenth Amendment.

PHA Not Liable for Discrimination

July 14, 2015    

Facts: A resident with glaucoma asked the PHA for increased lighting in her unit no later than Nov. 8, 2012.

Household Member Didn't Use Unit as Principal Place of Residence

July 14, 2015    

Facts: In 2008, when a resident filled out a continued occupancy form for a unit, she included her daughter as one of the people who would live in the subsidized unit, and use it as her primary residence, during the next 12 months. In signing the form, the resident certified...

Resident Didn't Harbor a Fugitive

June 17, 2015    

Facts: A resident’s daughter was arrested at the resident’s unit approximately 10 minutes after signing in on the site’s visitor log. The daughter was wanted by the police for allegedly stabbing a family member in the leg with a knife during an altercation.

State A.G. Can Investigate Discrimination Complaints Against City

June 17, 2015    

Facts: The City of Tempe, Ariz., challenged the authority of the Arizona Attorney General (AAG) to investigate a complaint alleging discriminatory housing practices against a municipal corporation. The City of Tempe is organized as a municipal corporation that operates Tempe...

PHA's Accidental Acceptance of Sex Offender Doesn't Preclude Lease Termination

June 17, 2015    

Facts: When a resident filled out a PHA’s application, he noted he was a registered sex offender. Although the PHA doesn’t permit registered sex offenders into its housing program, it admitted him. The PHA didn’t read his application carefully, if at all;...