Recent Court Rulings

Housing Authority Gave Insufficient Notice of Termination

February 15, 2013    
Facts: A former resident sued the local housing authority for allegedly violating her due process rights when they terminated her Section 8 voucher. The voucher paid all of the resident’s $875 monthly rent. In her termination letter, the housing authority stated that she failed to submit her...
The Trainer

The Trainer — March 2013

February 15, 2013    
DEALING WITH MOLD PROBLEMS; HIRING A SOCIAL SERVICE COORDINATOR In this month’s feature, we discussed how to get rid of mold at your site, whether it’s due to a moist environment caused by a natural disaster or by faulty plumbing. You need to know when your maintenance staff can handle...
Feature

How to Get Reimbursed for Damage Caused by Resident Negligence or Abuse

January 15, 2013    
When households move out of a unit, they may leave behind damage that’s expensive to repair. For example, a household may damage the carpeting so badly, it must all be replaced. Although you can deduct this cost from the household’s security deposit, the security deposit may not be big...
Dealing with Households

Train Staff How to Respond When Passenger-Filled Elevator Breaks Down

January 15, 2013    
If your site has an elevator, it’s important that your staff know the proper steps to take when a passenger-filled elevator breaks down. If your staff doesn’t take the proper steps and passengers get injured during the breakdown, you could get sued, warns risk management consultant Rose...
Certification

How to Respond to Recertification Requests from Newly Elderly Households

January 15, 2013    
Sometimes a household will alert your management office that it now qualifies as elderly. For example, the head of the household may have reached age 62 and the household now wants the additional allowances that elderly households are entitled to. Such requests may take some managers by surprise,...
Recent Court Rulings

PHA Allowed to Evict Vacationing Resident

January 15, 2013    
Facts: A PHA resident lived in a unit with her three daughters. Before traveling abroad, she gave her adult son a key "to check on the apartment." While the resident was away, firefighters entered her unit and found a dog tied to a radiator near a stove, which had all four burner knobs on...
Recent Court Rulings

Applicant Can't Appeal PHA’s Decision

January 15, 2013    
Facts: An applicant sued a local PHA for denying her application for low-income housing. The PHA had denied the application due to her prior conviction for involuntary manslaughter. Under the PHA’s stated admissions and occupancy policy, an applicant with a conviction for involuntary...
Recent Court Rulings

Owner Didn't Give Resident Proper Notice

January 15, 2013    
Facts: A project-based Section 8 housing owner entered into an agreement to rent a unit with a resident in April 2009. The agreement, based on the HUD model lease, required the owner, with the resident's cooperation, to conduct a recertification of the resident's household income and...
Recent Court Rulings

Owner Needn't Show "Good Cause" to Evict Resident After Lease Expired

January 15, 2013    
Facts: An owner sent her Section 8 resident a notice to vacate. In the notice, the owner stated that the lease had been on a month-to-month basis since the end of March 2011. She further stated that she wanted the resident to vacate the unit by the end of November 2011 because she didn’t wish...
Recent Court Rulings

Resident's Sons Don’t Qualify for Unit Succession

January 15, 2013    
Facts: During a resident's tenancy, she lived with several family members until those individuals left the household and she was the sole remaining occupant. Two months before her death, she submitted a permission form to add her two sons to her permanent household. This request was disapproved...