Recent Court Rulings

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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.

Facts: A New York county that had been a recipient of Community Development Block Grant and other federal housing funds asked a court to review the final administrative determinations by HUD to withhold those funds from the county for the 2011, 2013, and 2014 fiscal years.

Facts: An owner of a 52-unit site obtained a mortgage from an FHA-approved lender. The mortgage was secured as part of HUD’s Section 236 program. The Section 236 program insures loans to private developers in exchange for their commitment to provide low-income housing. As part of the Section 236 program, HUD also provides interest-reduction payments to FHA-approved mortgagees on behalf of the mortgagors.

Facts: A Section 8 resident sued a local PHA for terminating her voucher. She claimed that the PHA terminated her voucher without cause and without an opportunity for a hearing, in violation of the due process clause of the Fourteenth Amendment.

Facts: A resident with glaucoma asked the PHA for increased lighting in her unit no later than Nov. 8, 2012.

Facts: In 2008, when a resident filled out a continued occupancy form for a unit, she included her daughter as one of the people who would live in the subsidized unit, and use it as her primary residence, during the next 12 months. In signing the form, the resident certified that the information she had provided was accurate and complete and that any false statements or information would be grounds for termination from the program.

Facts: A resident’s daughter was arrested at the resident’s unit approximately 10 minutes after signing in on the site’s visitor log. The daughter was wanted by the police for allegedly stabbing a family member in the leg with a knife during an altercation.

Facts: The City of Tempe, Ariz., challenged the authority of the Arizona Attorney General (AAG) to investigate a complaint alleging discriminatory housing practices against a municipal corporation. The City of Tempe is organized as a municipal corporation that operates Tempe Housing Services (THS), a public housing agency. THS administers the Section 8 Housing Choice Voucher program through which HUD provides rental subsidies to eligible families and in...

Facts: When a resident filled out a PHA’s application, he noted he was a registered sex offender. Although the PHA doesn’t permit registered sex offenders into its housing program, it admitted him. The PHA didn’t read his application carefully, if at all; instead, it relied on a preliminary background check to accept the resident into the program.