• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Main Articles
  • Departments
  • eAlerts
  • Blogs
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Main Articles
  • Features
  • Certification
  • Compliance
  • Crime & Security
  • Dealing with Households
  • Income Calculations
  • Maintenance
  • Screening Applicants
  • Departments
  • Dos and Don'ts
  • Q and A
  • Recent Court Rulings
  • HUD Audits
  • In the News
  • Ask the Insider
  • Ask the Insider
  • Send Us A Question
May 31, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 31, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 31, 2025
AHMI Logo.webp
  • Archives
  • Main Articles
    • Features
    • Certification
    • Compliance
    • Crime & Security
    • Dealing with Households
    • Income Calculations
    • Maintenance
    • Screening Applicants
  • Departments
    • Dos and Don'ts
    • Q and A
    • Recent Court Rulings
    • HUD Audits
    • In the News
    • Ask the Insider
      • Send Us A Question
  • eAlerts
  • Blogs
Free Issue
The Habitat Group Logo
May 31, 2025
  • Log In
  • Log Out
  • My Account
Home » PHA Not Guilty of Discrimination, Retaliation

PHA Not Guilty of Discrimination, Retaliation

Nov 1, 2010

Facts: Two married African-American residents, including a husband with a disability, claimed that the Section 8 unit in which they live failed to meet housing standards and that the Housing Authority of South Bend (HASB) didn't remedy the conditions they complained about.

Because of those complaints, the residents claimed that HASB staff members retaliated against them by failing to take remedial action and treating them rudely and poorly. The residents also alleged that, before their marriage and in retaliation for his complaints about unit conditions, HASB evicted the future husband from his previous unit while he was seriously ill and started legal proceedings against him when HASB knew he was hospitalized. The residents also alleged that HASB staff members did nothing to intervene to stop the bullying by another resident against them.

Finally, the residents claimed that the HASB site is “populated overwhelmingly by residents who are African American” or Latino, and that the “concentration of non-Caucasian residents” is “far out of proportion to the corresponding population figures for the City of South Bend or the County of St. Joseph. The residents claimed that this “concentration” occurred and remained because of HASB's “actions and acquiescence” and is the result of “intentional actions or deliberate indifference.”

The residents sued HASB and HUD, alleging violations of the Fair Housing Act and Americans with Disabilities Act. HASB asked the court to dismiss the case without a trial.

Ruling: The court sided with HASB and dismissed the case.

Reasoning: The court stated that it's not enough for the residents to present a series of acts that might entitle them to proceed with a lawsuit against the housing authority; their complaint must also show that they are entitled to proceed with a claim against HUD, which they failed to do, the court concluded.

The court pointed out that there is no allegation that HUD provided funding despite knowing that HASB engaged in segregation. There is no suggestion that HUD was ever asked to investigate the claims against HASB or that the concerns they described were ever brought to HUD's attention. Therefore, the court concluded, the residents’ claims against HUD should be dismissed.

The court also concluded that the husband's eviction from the prior unit was not related to his medical condition, and therefore, that claim should be dismissed.

Finally, the court concluded that the residents didn't present enough evidence to support their claim that HASB staff members permitted the bullying of the husband by at least one other resident and did nothing to intervene and stop it. Therefore, that claim should also be dismissed.

  • Smith v. Housing Authority of South Bend and HUD, September 2010
Recent Court Rulings
    • Related Articles

      PHA Not Liable for Unlawful Retaliation

      Former PHA Chairperson Not Liable for Discrimination

      PHA Not Liable for Discrimination

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
    The Habitat Group Logo
    • NY Apartment Law
      • New York Apartment Law Insider
      • New York Landlord V. Tenant
      • Co-Op & Condo Case Law Digest
      • New York Rent Regulation Checklist, Fourth Edition
      • 2025 New York City Apartment Management Checklist
    • Fair & Affordable Housing
      • Fair Housing Coach
      • Assisted Housing Management Insider
      • Tax Credit Housing Management Insider
      • Fair Housing Boot Camp. Basic Training For New Hires
    • Commercial Lease Law
      • Commercial Lease Law Insider
      • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses: Tenant's Edition
    • Guidebooks
    • May 31, 2025
    • Log In
    • Log Out
    • My Account
    • Subscribe
    • May 31, 2025
    AHMI Logo.webp
    • Archives
    • Main Articles
      • Features
      • Certification
      • Compliance
      • Crime & Security
      • Dealing with Households
      • Income Calculations
      • Maintenance
      • Screening Applicants
    • Departments
      • Dos and Don'ts
      • Q and A
      • Recent Court Rulings
      • HUD Audits
      • In the News
      • Ask the Insider
        • Send Us A Question
    • eAlerts
    • Blogs
    Free Issue
    The Habitat Group Logo
    May 31, 2025
    • Log In
    • Log Out
    • My Account