Recent Court Rulings

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Facts: In December 2013, several households filed a class action complaint seeking injunctive relief against the local PHA for failing to abate mold and excessive moisture in their units. In February 2014, the court certified a settlement class of current and future residents of the PHA who have asthma that substantially limits a major life activity and who have mold and/or excessive moisture in their housing. Instead of contesting the allegations, the ...

Facts: Several residents sued a PHA for discrimination and asked the court to certify them as a group. The residents claimed that, on March 1, 2013, the PHA made major changes to its administration of the Section 8 program as a result of federal budget cuts. These changes included revisions to the subsidy standards.

Facts: Under federal law, a participant in the Housing Choice Voucher program is required to permit the local PHA to inspect his or her unit. The PHA is periodically required to randomly select units from a list of units that had annual inspections performed within the previous 90 days.

Facts: A Section 8 resident sued the local PHA and its employees for allegedly violating her constitutional rights. From March 2008 until January 2013, she entered into a lease agreement for an apartment. The PHA, through a housing inspector, conducted an annual inspection of the apartment in January 2013. The inspector noted that the resident wasn’t occupying the unit and that an unidentified man was living there. Based on the inspector’s o...

Facts: On March 4, 2013, a local PHA sent a notice of termination of Housing Choice Voucher benefits to a resident. The letter indicated that her benefits were being terminated because she had failed to report in writing within 30 days of an increase in household income or new income for any family member. The notice stated that she hadn’t reported her daughter’s employment and income, which began in March 2012.

Facts: For nearly a decade, Westchester County, N.Y., has been engaged in litigation with HUD over whether the county has adequately analyzed—in its applications for HUD funds—impediments to fair housing within the county’s jurisdictions.

Facts: In 2001, a resident began renting a unit at a site owned and operated by the local PHA. In early February 2008, the resident requested that certain repairs be made to his unit and reported that mold was growing under the sink. The completed work order indicates that the mold was treated.

Facts: A resident rented a unit at a federally subsidized site for a number of years. In March 2013, the owner notified the resident that, because of numerous lease violations, it was terminating her lease effective April 12, 2013, and directed her to vacate the unit by that date.

Facts: An independent contractor sued the owner of an assisted site for injuries she suffered when she fell through a second-floor bathroom. The site manager had called the contractor, who owned and operated a business that performed cleaning and repair services, after a resident had filed a HUD complaint. The resident had complained that the unit had a mold problem that was making her children sick, as well as a water leak and an issue with the bathtub...

Facts: An owner participating in the Housing Choice Voucher (HCV) program sued the local housing authority for allegedly violating his first amendment rights by retaliating against him for opposing its improper conduct.