Recent Court Rulings

PHA Lawfully Denied Pre-Application Based on Applicant's Criminal Record

August 16, 2016    

Facts: An applicant claimed the local PHA unlawfully denied his application for housing and failed to conduct a hearing on his appeal of its administrative decision. He asked the court for an order directing that the PHA provide him with housing.

Household Members May Not Be Required to Relocate

August 16, 2016    

Facts: Since March 2005, a resident, his wife, and two children have lived in a Section 8 subsidized three-bedroom apartment. In December 2014, the local PHA notified the resident that his four-member family no longer qualified for its three-bedroom apartment, and that his...

City Not Liable for Discrimination Based on Decision to Condemn Buildings

July 26, 2016    

Facts: For more than a decade, a city had been attempting to condemn two buildings on an assisted site. In 2005, the city filed a condemnation action, and the owner argued that its buildings aren’t dilapidated and that the city’s suit should be rejected on that...

PHA May Be Liable for Discrimination, Defamation

July 26, 2016    

Facts: A Section 8 resident sued the local PHA for discrimination and defamation. In May 2015, the resident started a food truck business with a financial partner who agreed to finance the venture. Anticipating the start of his business, the resident inquired at his annual...

Housing Official and REAC Consultant Conspired to Defraud Government

June 17, 2016    

Facts: A salary scandal involving a local PHA official led to a criminal investigation that exposed an alleged conspiracy to rig HUD site inspections. A trial court convicted the PHA’s director of modernization and the PHA’s paid consultant for “knowingly and...

PHA Director Not Liable for Wrongful Termination

June 17, 2016    

Facts: A PHA employee who served as a maintenance manager filed a wrongful termination lawsuit against the PHA’s director. In June 1990, the employee was hired by the PHA and worked as a maintenance manager until his termination in March 2007. The employee claimed that his...

Owner Can Let Section 8 HAP Contract Expire, Not Liable for Discrimination

May 19, 2016    

Facts: Residents sued a Section 8 project owner in state court for discrimination under the theory of disparate impact liability. The owner decided not to renew participation in the project-based Section 8 subsidy program when it expired. Instead of continuing the project-based...

PHA Didn't Have Duty to Maintain Fire Extinguisher

May 19, 2016    

Facts: A resident sued the local PHA for injuries she suffered while preparing a meal in her kitchen. At the time, a grease fire started. While the fire was shooting up to the hood of the stove, the resident grabbed the fire extinguisher that was on the floor of her kitchen,...

Resident Violated Section 8 Rules with Unauthorized Tenants and Improper Owner

May 19, 2016    

Facts: A resident sued a local PHA for allegedly improperly terminating his Section 8 housing benefits. The resident was authorized to rent a two-bedroom unit, with one bedroom for himself and one bedroom for his adult daughter who was his authorized in-home services aide.

PHA Didn't Consider Reasonable Accommodations in Denying Succession Requests

April 15, 2016    

Facts: A resident who lived in a one-bedroom apartment was diagnosed with advanced dementia in 2009. Her disability rendered her mentally unstable and incapable of living alone, as noted in medical records submitted to the housing manager and at a housing authority hearing....

PHA Gave Adequate Notice of Eviction

April 15, 2016    

Facts: Two days after being refused entry into a resident’s unit, a site manager mailed the resident a letter informing him that his refusal to consent to entry for inspection and repairs violated his lease. The resident replied with a letter suggesting that actual...

Owner Retaliated Against Resident for Maintenance Complaints

March 31, 2016    

Facts: A Section 8 resident suspected that new site management was responsible for a decline in the maintenance of the units. He openly complained about the condition of the units to the management, other residents, and eventually the local PHA.