Recent Court Rulings

PHA Can Void Resident’s Tenancy for Criminal Activity

February 15, 2018    

Facts: One night, a site manager observed a resident’s guests arriving at the site in an impaired state, and unwilling (or unable) to cooperate with security. An on-site police officer who served as the community liaison to the local PHA, conducted an investigation into...

Fire Department May Be Liable for Household Members’ Deaths

February 15, 2018    

The administrator of an estate of four family members who died in an apartment fire sued the local PHA and the fire department for negligence. The apartment had only a single point of ingress and egress, namely, a second-floor door that opened onto a porch and an external staircase. Because the...

Site Owner Entitled to Property Tax Exemption

January 19, 2018    

Facts: A nonprofit corporation owns a site for the elderly that was financed by HUD. With the financing, the corporation entered into a Project Rental Assistance Contract with HUD in which the corporation agreed to provide housing for low-income elderly persons at the property,...

PHA Didn't Violate Resident's Due Process Rights

December 14, 2017    

Facts: A public housing resident sued the local PHA for initiating eviction proceedings against him without first providing him with a grievance hearing or due process. Under his lease, based on the resident’s reported income (which was zero), his initial monthly rent was...

HUD Prevented from Abating Section 8 HAP Contract

December 14, 2017    

Facts: A resident association of a Section 8 site asked a court to set aside HUD’s decision to abate the site’s Housing Assistance Payments (HAP) contract. When HUD abates and terminates a project-based Section 8 contract, residents living at the property are given...

Owner Can Deny Resident's Accommodation Request

November 21, 2017    

Facts: A Section 8 resident’s son and his dog lived with the resident. The dog never attacked another person or pet, but it did display aggressive behavior towards other dogs and people—including lunging, flaring up, rearing on its hind feet, and baring its teeth. In...

Resident Was Entitled to VAWA Protections

November 21, 2017    

Facts: A Section 8 voucher resident lived in an apartment with her five children. In February 2014, she was notified that her benefits under the program were being terminated due to alleged violations of the program rules. After an administrative hearing, the determination to...

Court Allowed to Review Hearing Officer's Decision

November 20, 2017    

Facts: A Section 8 resident was issued a voucher by the local PHA. After an annual inspection, the PHA determined that resident’s unit didn’t meet the Housing Quality Standards required under federal regulations, and it gave notice to the resident that the vouchers...

PHA Violated Resident’s Due Process Rights

October 13, 2017    

Facts: A Section 8 Housing Choice Voucher (HCV) program participant sued the local PHA for allegedly violating her procedural due process rights by effectively terminating her HCV assistance without making an official determination that she was subject to termination from the...

Owner Not Liable for Religious Discrimination

October 13, 2017    

Facts: A married Muslim couple who dress in traditional attire sought to rent an apartment at a low-income site. After being denied, the couple sued the owner for religious discrimination under the Fair Housing Act.

The rental application asked for a variety information...

Court Rules Maryland Law Applies in Section 8 Evictions

September 27, 2017    

Facts: A severely disabled resident lives in Section 8 housing for low-income elderly and disabled tenants. He suffers from incomplete paralysis in his extremities, with muscle spasms and sensations leaving him in daily pain. At the time of lease renewal, he signed a drug-free...

Management Company Not Liable for Racial Discrimination

September 27, 2017    

Facts: A nonprofit organization that seeks to maintain racially and economically inclusive communities sued a property management company alleging violations of the Fair Housing Act. The lawsuit claimed that the company has a general policy that it won’t negotiate with,...