Recent Court Rulings

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Facts: A PHA terminated a resident’s tenancy after determining that she had breached its rules and regulations. In May 2011, the police executed a search warrant for the resident’s unit. The search warrant was obtained based on two incidents where an informant observed an unidentified male bagging crack-cocaine for distribution and a firearm. During the search, police found approximately 47 plastic bags of marijuana, a starter pistol, busine...

Facts: After using her key to enter the lobby of the building, a resident was deterred by the presence of two men standing in front of the elevator. The resident testified that she didn’t “trust anybody in that building” and declined their invitation to enter the elevator. She went outside and waited until she saw two elderly Hispanic women enter the building. All five persons got onto the elevator when it arrived, and the resident pre...

Facts: In August 2009, a resident who has participated in the voucher program since 1997 transferred to a voucher program administered by a different PHA. Before her transfer, she signed a “Statement of Family Obligations” acknowledging that she understood the program’s requirements, which included complying with interim and annual reporting requirements, reporting any changes in her source of income within 10 days of the change, and r...

Facts: A Section 8 resident’s rent was $50 per month. The lease provided that a $25 late charge would be assessed each month that he didn’t pay his rent in full by the fifth of the month. The resident’s account became delinquent in July 2012 after he failed to pay in full a $95.50 charge for repair and maintenance services. As a result, his rent payment was late in July, August, and September 2012, and he was assessed three late charge...

Facts: A PHA began eviction proceedings against a resident after discovering that he was a lifetime registered sex offender in the State of New York. The resident became a convicted sex offender sometime in 1997.

Facts: An elderly disabled resident experienced a psychotic episode one morning. Acting on the basis of delusions, she turned on her faucets, boiled pots of water, and obstructed the entrance to her unit. A maintenance employee smelled gasoline and unsuccessfully attempted to enter her unit. Police officers and emergency medical personnel were contacted, and they forcibly entered the unit. They were accompanied by an administrative officer who worked fo...

Facts: A Section 8 resident signed a one-year lease agreement that stated that, at the end of the lease term, she could continue to rent the unit from the owners, with their consent, on a month-to-month basis. The agreement also provided that, after the initial one-year lease period, either party “can send a notice to the other and cancel this lease at any time.”

Facts: A Section 8 resident sued the local PHA, leasing agents, and various contractors for alleged harm suffered from the presence of mold and microbiological contaminants in her unit. The resident claimed that the site didn’t meet HUD’s Housing Quality Standards and that “improper inspections and repairs” were made to the property.

Facts: A disabled Section 8 resident asked the court to prevent the owners from collecting market rent on her three-bedroom unit. Although her two children had moved out of the unit by 2003, the resident claimed that she still needed three bedrooms to accommodate her belongings and hobbies, such as a stationary bicycle and arts and crafts, which are necessary to improve her health.

Facts: A police officer searched a Section 8 resident’s unit pursuant to a search warrant and found six empty heroin bags, two crack pipes, and used hypodermic needles. A month later, the local PHA sent a notice to the resident terminating her benefits because she had engaged in drug-related criminal activity.