Recent Court Rulings

PHA May Be Liable for Owner's Alleged Discrimination Against Disabled Resident

May 25, 2011    

Facts: In August 2007, a resident fell asleep after taking prescribed medication for depression. He fell asleep while cooking a pork chop in a frying pan. While he was asleep, the pork chop burned and the microwave above the stove was damaged. The site owner later served him with a notice...

Wife of Deceased Resident Denied Succession Rights to Unit

May 12, 2011    

Facts: A public housing resident married another public housing resident and moved into his unit, without notifying the New York City Housing Authority (NYCHA) or asking that her name be added to her husband's lease agreement.

The husband submitted an Occupant's Affidavit...

Owner, Not Housing Board, Responsible for Resident's Eviction

May 12, 2011    

Facts: The Mobile, Ala., Housing Board discovered that a Section 8 resident had failed to report an increase in her household income. It sent the resident a letter notifying her that the housing board had overpaid its portion of the rent for 16 months in the amount of $3,248, which the...

Owner Must File Holdover Proceeding Under HUD Regs

April 25, 2011    

Facts: A site owner sued to evict a Section 8 resident for nonpayment of rent after the resident failed to meet recertification requirements for her rent subsidy. The resident asked the court to dismiss the case, claiming that it was procedurally improper.

Ruling: A New York...

PHA Can't Evict III Resident for Son's Criminal Activity

April 25, 2011    

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy based on nondesirability. The resident's son possessed marijuana at the unit, and the resident filed false information with NYCHA about his presence there. The resident appealed, claiming that NYCHA...

PHA May Have Discriminated Against Resident Because of Seizure Disorder

April 25, 2011    

Facts: A resident asked her PHA for permission to have her son act as a live-in aide. Her doctor recommended in writing that the PHA allow the live-in aide to provide medical care associated with her seizure disorder.

Although the resident didn't receive formal approval from...

Resident's Son Didn't Have Succession Rights

April 25, 2011    

Facts: The son of a New York City Housing Authority (NYCHA) resident claimed to have succession rights to the resident's Section 8 unit. The son was an original member of the household, but moved out of the unit for a period of time. At a preliminary hearing, he asserted that he never...

Resident Let Criminal Son Return to Unit

April 25, 2011    

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy after she violated a settlement agreement. The resident appealed NYCHA's decision, claiming that it was arbitrary and unreasonable.

Ruling: The court ruled against the resident.

Owner Must Provide Information Needed to Process Resident's Section 8 Application

March 20, 2011    

Facts: A resident sued the owner to force the owner to accept the resident's Section 8 subsidy. The resident claimed that the owner refused to sign a lead paint disclosure form, which the local housing authority needed to process the resident's Section 8 benefit application. The...

Resident Can Be Evicted for Objectionable Conduct

March 20, 2011    

Facts: The New York City Housing Authority (NYCHA) terminated a household's tenancy for nondesirability and breach of the house rules and regulations, based on the resident's objectionable conduct. The resident appealed, claiming that NYCHA's decision was arbitrary and...

Owners Must Accept Section 8 Enhanced Vouchers

March 20, 2011    

Facts: The owners of a Section 8 site declined to renew the contracts with their residents and sought instead to raise rents to the fair market rate. The residents sued, asking the court to force the owners to accept their Section 8 vouchers and prevent the owners from evicting residents...

Housing Authority Legally Evicted Resident for Criminal Activity

March 20, 2011    

Facts: After getting a report that a resident who received Section 8 housing assistance had committed an assault and robbery, the Omaha Housing Authority terminated the resident's lease. When the resident didn't vacate the premises as requested, the housing authority sued to evict...