Recent Court Rulings

Recent Court Rulings

PHA's 30-Day Reporting Requirement Is Valid

June 16, 2017    

Facts: A resident asked a court to overturn a local PHA’s decision to terminate her participation in the Section 8 program. The PHA sought to terminate the resident’s benefits because she didn’t report the births of two of her grandchildren in the household...

PHA Not Required to Provide Preferential Treatment to Applicant

June 16, 2017    

Facts: After a local PHA placed an applicant for the Section 8 voucher program on a waiting list, the applicant claimed that he was entitled to, and has been denied, preferential treatment due to his mental disabilities, which include bipolar disorder/manic depression,...

PHA Not Required to Include Reasonable Accommodation Language in Lease Itself

June 16, 2017    

Facts: A resident who has lived at a site managed by a local PHA for over 10 years sued the PHA, claiming that the PHA, as his landlord, attempted to have him sign a “lease that doesn’t have in it the accommodation for people with disabilities which is HUD regulation...

PHA Not Liable for Neighbor’s Actions Against Resident

June 16, 2017    

Facts: A disabled resident sued the local PHA for alleged 14th Amendment violations. He claimed that the PHA failed to provide safe and habitable housing by failing to protect him from his neighbors’ unwanted contacts and the obstacles his neighbor placed on the sidewalks...

Resident Violated Lease by Harboring Unauthorized Occupant

May 18, 2017    

Facts: A resident who qualified for a Section 8 housing subsidy signed a lease agreement identifying her as the sole occupant of the unit. In March 2015, the owner issued a notice demanding the resident cease activity that violated the lease.

Owner Not Liable for Retaliation, Time-Barred Alleged Discriminatory Acts

May 18, 2017    

Facts: A resident sued an owner for unlawful discrimination and retaliation in violation of the Fair Housing Act. The resident claimed that the property manager discriminated against her because she is a Jehovah’s Witness and retaliated against her after she filed...

Resident Didn't Prove Need for Emotional Support Animal

May 18, 2017    

Facts: For her entire life, a resident has lived in a subsidized apartment. Her mother, the previous leaseholder, kept a dog in the apartment prior to her death in August 2013. After her mother’s passing, the resident obtained legal guardianship over four of her nieces and...

Owner Not Liable for Discrimination

April 17, 2017    

Facts: A resident and his fiancé sued an owner for housing discrimination on the basis of race, color, national origin, age, and familial status. The complaints were based on certain exchanges they had with property management and staff. According to the lawsuit, a maintenance...

Section 8 Residents Awarded Attorney's Fees, Incentive Payouts

April 17, 2017    

Facts: In early 2013, federal government cuts in discretionary spending resulted in a $21 million reduction in funding for a local housing authority’s voucher program. To address this decrease in funding, the housing authority made significant revisions to its...

PHA Must Reinstate Voucher While Case Is Pending

March 28, 2017    

Facts: A Section 8 resident sued the local PHA and its executive director based on their termination of her voucher. She asserted a violation of her due process rights and violations of her right to a reasonable accommodation for her son’s disability. She also asked the...

PHA Has Discretion to Determine Waiting List Placement

March 9, 2017    

Facts: A Section 8 applicant sued the local PHA and HUD for placing him on the waiting list for Section 8 housing. The applicant claimed that he suffers from various mental disabilities. He alleged that his placement on the waiting list violates his rights under the Equal...

PHA Not Liable for Breach of HAP Contract

March 9, 2017    

Facts: A group of Section 8 owners sued the local PHA for breach of their housing assistance payment (HAP) contracts. Under these contracts, the tenants are required to pay a percentage of their income to the owners, the housing agencies pay the remaining rent, and HUD...