Recent Court Rulings

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Facts: A resident in a public housing complex operated by the local PHA slipped and fell in a puddle of water that had leaked from a broken washing machine in a nearby laundry room as she was walking to her unit through a common hallway of her building. The fall resulted in injuries to her foot and ankle.

Facts: A resident’s daughter tripped and fell in a playground owned, operated, and maintained by the local PHA. The daughter was playing with a soccer ball in the playground. At one point, the ball traveled into a nearby planter. The daughter went into the planter to retrieve the ball and, in attempting to exit the planter, tripped over one of the metal wickets in the wicket fence surrounding the planter and fell, injuring her right arm. The resid...

Facts: A resident sued her local PHA after she slipped and fell on exterior steps covered in snow and ice. The steps connected the plaza outside her building to a park area that leads to an adjacent public roadway. At trial, the PHA didn’t dispute that it had constructive notice of the allegedly hazardous condition of the steps, which were an intended means of access between the building plaza and the sidewalk by the roadway.

Facts: As a condition of occupancy at a privately owned, mixed-income residential development, residents are required to submit to annual drug testing. When five residents refused to submit to the drug test even though they had previously consented to drug testing, the owners began eviction proceedings for violating their leases.

Facts: A local PHA sought to evict a resident because of the criminal conduct of her grandson. The trial court granted the eviction, but did so based on grounds that weren’t included in either of the two eviction notices served on her or in the complaint filed against her.

Facts: A resident sued the local PHA for allegedly depriving her of her due process rights by failing to give her an informal hearing to challenge: (1) the PHA’s calculation of her 2010 housing subsidy; (2) the PHA’s use of an inflated estimate of her income; and (3) the PHA’s failure to exclude her son and his income from the household promptly. The resident argued that the PHA didn’t conduct a timely inspection of her residence...

Facts: A site manager sought to relocate a Section 8 resident from her two-bedroom unit to a smaller unit because the manager deemed the resident ineligible for the subsidized two-bedroom unit. The resident had occupied the two-bedroom unit since 2005, when she initially shared it with her daughter. But after her daughter moved out, she maintained the two-bedroom unit despite the regulation, because she asked and was granted permission from the manager ...

Facts: Three days prior to a resident’s death, her daughter sought the site manager’s permission to reside in her mother’s unit. The daughter stated that she resided in the unit since 2004 at the request of her mother, who was sick and required a liver transplant.

Facts: A resident challenged the termination of her Section 8 housing assistance for failure to attend monthly income-recertification hearings. In August 2012, she applied to the local housing authority to transfer her Section 8 voucher from another city, certifying in the process that she had no income. The housing authority approved her application and issued a voucher, subject to its rule that benefit recipients claiming zero income must appear in pe...

Facts: An owner started eviction proceedings against a resident for operating a daycare business in her unit, which is located in a HUD building where the resident had lived for 35 years. On the date of the trial, attorneys for both parties entered into a formal agreement to resolve their dispute.