Recent Court Rulings

PHA Justified in Terminating Tenancy for Drug-Related Activity

December 13, 2016    

Facts: A public housing resident asked a court for a special proceeding to review a determination by the local PHA that she had violated certain provisions of her lease and, thus, was justified in terminating her tenancy.

Live-In Aide Can’t Sue on Resident’s Behalf

November 15, 2016    

Facts: A Section 8 resident lived with a live-in aide. Only the resident was on the lease. When the heating and air conditioning unit was damaged, the owner blamed the resident, threatening to evict her. In March 2016, the resident was served with a notice to vacate the property...

PHA Liable for Unit’s Bedbug Infestation

November 15, 2016    

Facts: Household members sued the local PHA, alleging that the PHA was negligent because it failed to eradicate a bedbug infestation condition. The residents claimed that the condition began in 2012 and continued to date. The PHA admitted that the unit had bedbugs on and off...

Owner's Termination Notice Deemed Defective

November 15, 2016    

Facts: An owner sought to evict a Section 8 resident. The resident asked the court to dismiss the case based on an allegedly defective termination notice.

PHA May Be Liable for Failing to Conduct Annual Reviews of Utility Allowances

October 31, 2016    

Facts: A group of public housing residents sued their local PHA, claiming that it violated HUD regulations and the state’s contract law by charging them monthly rent above the lawful ceiling and by failing to conduct annual reviews and interim adjustments of residents...

Resident May Not Have Received Pre-Termination Hearing

October 31, 2016    

Facts: A resident qualified for a voucher in 2011 and used it to obtain a lease at an apartment site. The resident’s lease and Housing Assistance Payment contract made the PHA responsible for paying the entire monthly rental cost to the owner directly and assigned the...

HUD's Decision to Terminate HAP Contract Deemed Valid

October 31, 2016    

Facts: On March 12, 2013, a site owner entered into a contract to purchase a 10-unit residential apartment building. Since 2008, the previous owner had received subsidy payments from HUD to assist low-income families living in the apartments. These payments were pursuant to a...

Drug Eviction Deemed Reviewable by State Court

September 29, 2016    

Facts: In 2014, the owner of a federally subsidized apartment building in Baltimore hired an extermination company to treat the site for a bedbug infestation. Two exterminators entered a disabled resident’s apartment and saw what looked to them like a marijuana plant...

PHA Not Liable for Discrimination

September 29, 2016    

Facts: A resident had lived at an assisted site for approximately 17 years when, in late 2014, the PHA sent him a “notice to move” from the building. The resident asked to rent another specific apartment in the building, but that request was denied. The resident sued...

Resident Found Guilty of Larceny for Giving Subsidized Unit to Unqualified Niece

September 14, 2016    

Facts: A resident had applied and was approved for subsidized housing that entitled him to a unit at a rate below the market value. He was placed on a waiting list, and almost five years later, he was notified of the availability of a unit. By then, he had already secured...

Owner Can't Terminate Resident's Lease without Good Cause

September 14, 2016    

Facts: In April 2011, a resident signed a lease for a subsidized unit under the Loan Management Set-Aside (LMSA) program. Under the LMSA program, the resident’s initial lease term, and any renewal term, must be for at least one year.

On July 10, 2014, the owner...

Owner Waited Too Long to Evict Resident for Son's Criminal Activity

August 16, 2016    

Facts: An owner served a Section 8 resident with a 30-day termination notice for various illegal activity, which constitutes a breach of the lease. According to the termination notice, on July 10, 2012, the resident’s son was arrested on charges of gang assault in the...