Recent Court Rulings

Housing Authority Didn't Give Resident Legal 15-Day Notice

July 18, 2010    

Facts: The Hartford Housing Authority sought to terminate a resident's lease for conduct violating the lease. In its initial letter to the resident, the housing authority alleged that the resident didn't comply with its rules and regulations and requested that the resident attend...

Housing Development Corporation Is Government-Assisted Housing Entity

July 18, 2010    

Facts: A site owner evicted a resident without giving a reason for the termination, arguing that it did not have to do so because it did not take over the site occupied by the resident until more than a decade after it was converted to a housing development fund cooperative corporation....

Boyfriend Was Resident, Not Guest

June 20, 2010    

Facts: A site owner filed a complaint in an Ohio state court, claiming that a resident failed to comply with the terms of her lease by: (1) allowing unauthorized persons to reside in the unit; (2) allowing visitors to disturb the rights and comfort of neighbors; and (3) failing to report...

Disabled Applicant Not Entitled to Top Spot on Waiting List

June 20, 2010    

Facts: A disabled applicant sought rental assistance through the Housing Choice Voucher program. In a separate letter to the housing authority, he also sought reasonable accommodations on account of his and his spouse's disabilities and specifically asked for “special preference...

PHA Didn't Violate Resident's Privacy Rights

April 30, 2010    

Facts: A resident filed a complaint against the Omaha Housing Authority, claiming that the authority violated the Privacy Act and the Civil Rights Act because it illegally obtained her mother's financial information that indicated that her mother had helped her to buy a car.

...

Resident's Widow Has Succession Rights to Unit

April 30, 2010    

Facts: A Section 8 occupant sued the site owner, claiming that she was rightfully entitled to occupy the unit because she was the widow and licensee of the resident, who died in 2007.

At trial, the owner's sole witness was the site manager, who testified that the tenant of...

Owner Not Liable for Dog Bite

April 20, 2010    

Facts: A postal carrier was injured by a pit bull while he was attempting to deliver mail to the front door of a rental house. The dog shoved the glass storm door open from inside the house and jumped onto the postal carrier, knocking him down. As a result, the postal carrier fractured...

Partial Rent Payment from PHA Doesn't Bar Eviction Case

April 20, 2010    

Facts: In June 2009, an owner gave written notice to a resident that she had breached the lease and must leave the premises. The next month, the owner filed an eviction case against the resident for failing to pay rent in a timely manner. In its lawsuit, the owner requested possession of...

Site Managers Can Enforce Children's Chalk-Writing Rules

March 28, 2010    

Facts: In September 2004, a site manager gave a new resident a copy of the lease along with the site's house rules, which contained the following:

  • “Supervision problems will be grounds for eviction.

  • “All children 10 and under must be...

Owner Didn't Comply with HUD Rules for Charging Market Rent

March 28, 2010    

Facts: A resident was required to recertify by September 1 of each year. Around May 1, 2008, the site owner gave the resident the first reminder notice, followed by a second notice on June 2, 2008, and a third notice on July 1, 2008. Then, in a letter dated July 28, 2008, the owner...

Switch in Job Duties After FMLA Leave May Constitute Retaliation

February 22, 2010    

Facts: An employee of the New York City Housing Authority (NYCHA) began her career in October 1979 as a secretary. Twenty-five years later, she was diagnosed with multiple sclerosis, and in November 2006, she began an approved leave of absence under the Family Medical Leave Act (FMLA) to...

Complaints About Maintenance Can't Trigger Eviction Notices

February 22, 2010    

Facts: A resident of a Boise city housing complex claimed that after he made a complaint to the management about maintenance, the city retaliated against him by filing eviction notices.