Recent Court Rulings
OK to Revoke Section 8 Voucher of Evicted PHA Resident
What Happened: After nearly two years of participating in Section 8, a PHA resident got a double dose of bad news: Her landlord was evicting her for violating the lease and exercising its authority under HUD regulations to revoke her housing voucher. A hearing was held during which the resident claimed that the PHA’s allegations were “false, misleading and insubstantial,” while also admitting to failing to pay rent on time on at least one occasion. The hearing officer upheld revocation of the voucher, and the tenant sued the owner for violating her 14th Amendment due process rights.
Ruling: The Utah federal court ruled that the resident didn’t have a valid legal claim and tossed the case without a trial.
Reasoning: Possessing a federally assisted housing voucher is a property interest that the government can’t take away without due process. However, the court continued, the resident in this case got the notice and hearing to which she was entitled. And, contrary to her claims, there was at least “some evidence” to support the PHA’s decision to revoke her voucher. Specifically, the case officer presented five eviction notices citing behavior of the resident and her family members that violated the lease over a six-month period. By contrast, the resident didn’t present any evidence or witnesses to support her assertion that the PHA unfairly targeted her for eviction.
- Bosilovick v. Hous. Auth. of the Cnty. of Salt Lake, 2025 U.S. Dist. LEXIS 46356, 2025 LX 276358, 2025 WL 815094
