Recent Court Rulings

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Facts: The owner of a project-based Section 8 housing site started an eviction proceeding against a resident for violating a substantial obligation of his tenancy. According to the owner, the resident had another unit that was subsidized by the local housing authority and he failed to recertify and supply information pertaining to his household income, household composition, and other eligibility requirements for the years 2010 and 2011.

Facts: A resident is a participant in the Section 8 Housing Choice Voucher program. One day she got involved in a physical altercation with two other women. According to the resident, the other females were unknown to her, intoxicated, and physically attacked her first. She said she only responded in kind by physically defending herself.

Facts: Under the terms of a resident's 2003 lease, the agreed-upon rent was $950 per month, payable on the first day of each month. The tenancy was governed by a Section 8 housing assistance payments (HAP) contract, and the premises were located within the jurisdiction of the Los Angeles Rent Stabilization Ordinance (LARSO).

Facts: When a resident applied for housing at a local PHA, she was offered a lease and a blank copy of a Personal Care Sponsor Agreement (PCS form).

Facts: An owner and the Ohio Housing Finance Agency (OHFA) are parties to a HUD-approved housing assistance payments (HAP) contract under which Section 8 subsidies are applied to rents at the site. The owner sued OHFA for breach of contract, alleging that OHFA failed to pay a series of “automatic” annual rent increases due under the HAP contract. OHFA claimed that changes to federal law and applicable HUD regulations excused payment of the rent increa...

Facts: A resident was killed by a stray bullet when a fellow resident fired a gun in the direction of the site's security office. As a result, survivors of the incident sued the PHA for negligently failing to evict the criminal resident at the first instance of violent behavior.

Facts: In his application for housing at a local PHA, an applicant admitted that he was recently released from prison after serving a 15-year sentence for robbery. In addition to the application, he also signed HUD's Authorization for the Release of Information/Privacy Act Notice and the PHA's Authorization for Release of Information.

Facts: A resident locked herself in her unit and turned on her gas stove. After police responded to the scene, the resident was removed from the unit and referred for a mental health evaluation. The PHA subsequently terminated the resident's lease and denied her federal Section 8 Housing Choice Voucher benefits. The former resident sued the PHA and its executive director and Section 8 coordinator, claiming that their actions violated her due process rights an...

Facts: The New York City Department of Housing Preservation and Development (HPD) terminated a resident's Section 8 subsidy because he's a Level 2 sex offender who's subject to a lifetime registration requirement. Before terminating the subsidy, HPD had provided it to the resident for more than three years.

Facts: In April 2009, a resident received a notice that the New York City Housing Authority (NYCHA) was considering terminating her lease due to repeated late rent payments. After the resident failed to respond to the notice and a subsequent notice, the manager sent a notice advising the resident that her file was being forwarded to the Tenancy Administration Department for potential termination. The notice further advised her that she would receive notice of a h...