Recent Court Rulings

Resident Didn't Disclose Business Income

December 15, 2011    

Facts: A New York resident's lease requires the resident to furnish the owner with complete and accurate information regarding his household income. In 2006, the housing authority's acting inspector general informed the site manager that they had conducted an investigation of the...

Resident Liable to PHA for Excess Rental Assistance

October 30, 2011    

Facts: When a resident applied for Section 8 benefits, she reported that she worked for U.S. Bank and earned total weekly wages of $375. The resident showed the local housing authority a current pay stub. The application also included an affirmation that the contained information is true...

Owner May Be Liable for Discrimination

October 30, 2011    

Facts: A resident with arthritis and an autoimmune disease complained that the lack of heat in her building exacerbated her disability. After code enforcement and Section 8 inspectors inspected the site, the resident claimed that the site management blamed her for the inspection and...

Owner Not Liable for Disability Discrimination

October 30, 2011    

Facts: A resident claimed that during her tenancy at a site she was harassed and assaulted by her neighbors for her alleged disability, that the site and its employees failed to take corrective action, and that her Section 8 specialist at the local housing authority conspired with the...

PHA Not Required to Consider Personal Circumstances for Violation of Income-Reporting Rule

October 30, 2011    

Facts: A resident, an unemployed single mother of four children, had been receiving Section 8 vouchers for eight years when the events giving rise to the conflict in this case occurred. When she completed her annual recertification process in June 2010, she signed a copy of the public...

PHA Can Terminate Resident's Section 8 Enrollment

September 24, 2011    

Facts: A resident's daughter sued the New York City Department of Housing Preservation and Development (HPD) for terminating the resident's enrollment in the Section 8 voucher program. HPD determined that the resident's subsidy should be terminated due to her absence from her...

PHA Not Required to Submit Rent Comparability Study

September 24, 2011    

Facts: An owner leased a rental housing facility for elderly residents to a local public housing authority (PHA). The PHA in turn entered into a housing assistance payment (HAP) contract with HUD to provide low-income housing under an amendment enacted in 1974 to the Housing Act of 1937....

Owner Can't Sue HUD for Cancellation of Rent Subsidies

August 31, 2011    

Facts: An owner financed the construction of an apartment building in 1968 with a mortgage insured under the National Housing Act. In 1992, the owner and the United States, acting through HUD, entered into a Housing Assistance Payment (HAP) contract. Under the contract, in exchange for...

PHA Can Impose Written Reporting Deadlines for Income Changes

August 31, 2011    

Facts: A resident had been receiving rent subsidies under HUD's Section 8 Housing Choice Voucher program for eight years when she failed to provide the local public housing authority (PHA) with timely change-of-income information required by local rules.

Owner Didn't Provide Timely Notice of Nonrenewal

June 30, 2011    

Facts: A resident signed a one-year Section 8 Housing Choice Voucher lease with an owner. The owner claimed that she served a “Notice of Landlord's Intention not to Renew Section 8 Lease upon Expiration of Lease Term” on both the resident and the office that managed the...

Owners Must Accept Residents' Section 8 Vouchers

June 30, 2011    

Facts: Residents sued owners for refusing to accept their Section 8 vouchers. The antidiscrimination clauses in New York City's Local Law 10 prohibit owners from refusing to accept these vouchers. The owners argued that one resident's household composition made her ineligible to...

HUD Can Apply REAC Standards to Section 8 Project-Based Program

May 25, 2011    

Facts: Owners of two multifamily housing sites had entered into 30-year housing assistance payment (HAP) contracts with HUD in the late 1970s. Under the HAP contracts, the owners were required to maintain and operate their units and related facilities so as to provide decent, safe, and...