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Home » Topics » Assisted Housing Management Insider » Recent Court Rulings

Recent Court Rulings
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Owner Improperly Removed Daughter from Household Composition

Jul 19, 2017

Facts: For most of her life, a resident’s daughter lived at a Section 8 site. In or prior to 2007, without her knowledge, her mother removed her from the household composition forms. She continued to live in the apartment. When her mother moved out and she sought to take over the lease, HUD denied the continuation of the Section 8 subsidy because she wasn’t a party to the lease.


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PHA and Manager Not Liable for Visiting Child’s Death

Jul 19, 2017

Facts: A young child was shot and killed while visiting a resident at an assisted site. During her tenancy, the resident had several lease violations and alleged violations. These problems ranged from having breed-restricted dogs in her apartment, to playing loud music, to allowing individuals not on the lease to live with her.


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Resident Violated Terms of Settlement Agreement

Jul 19, 2017

Facts: A public housing resident appealed a trial court order granting possession of her apartment to the owner based on her violation of a settlement agreement. The resident claimed she didn’t breach the agreement. Specifically, she asserted that the owner failed to establish her conduct affected the health, safety, or right to peaceful enjoyment of the community.


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PHA's 30-Day Reporting Requirement Is Valid

Jun 16, 2017

Facts: A resident asked a court to overturn a local PHA’s decision to terminate her participation in the Section 8 program. The PHA sought to terminate the resident’s benefits because she didn’t report the births of two of her grandchildren in the household within 30 days as required by PHA’s administrative plan, and because she failed to pay rent for several months, which was claimed to be a “serious or repeated” lea...

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PHA Not Required to Provide Preferential Treatment to Applicant

Jun 16, 2017

Facts: After a local PHA placed an applicant for the Section 8 voucher program on a waiting list, the applicant claimed that he was entitled to, and has been denied, preferential treatment due to his mental disabilities, which include bipolar disorder/manic depression, schizoaffective disorder, obsessive compulsive disorder, and post-traumatic stress disorder.


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PHA Not Required to Include Reasonable Accommodation Language in Lease Itself

Jun 16, 2017

Facts: A resident who has lived at a site managed by a local PHA for over 10 years sued the PHA, claiming that the PHA, as his landlord, attempted to have him sign a “lease that doesn’t have in it the accommodation for people with disabilities which is HUD regulation that is suppose[d] to be put in the lease.” The PHA asked the court for a judgment without a trial in its favor.

Ruling: A Mississippi district cour...

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PHA Not Liable for Neighbor’s Actions Against Resident

Jun 16, 2017

Facts: A disabled resident sued the local PHA for alleged 14th Amendment violations. He claimed that the PHA failed to provide safe and habitable housing by failing to protect him from his neighbors’ unwanted contacts and the obstacles his neighbor placed on the sidewalks near his apartment.


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Resident Violated Lease by Harboring Unauthorized Occupant

May 18, 2017

Facts: A resident who qualified for a Section 8 housing subsidy signed a lease agreement identifying her as the sole occupant of the unit. In March 2015, the owner issued a notice demanding the resident cease activity that violated the lease.

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Owner Not Liable for Retaliation, Time-Barred Alleged Discriminatory Acts

May 18, 2017

Facts: A resident sued an owner for unlawful discrimination and retaliation in violation of the Fair Housing Act. The resident claimed that the property manager discriminated against her because she is a Jehovah’s Witness and retaliated against her after she filed religious discrimination complaints with HUD and the state’s Human Rights Commission.


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Resident Didn't Prove Need for Emotional Support Animal

May 18, 2017

Facts: For her entire life, a resident has lived in a subsidized apartment. Her mother, the previous leaseholder, kept a dog in the apartment prior to her death in August 2013. After her mother’s passing, the resident obtained legal guardianship over four of her nieces and nephews, who also were living in the apartment.


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