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Home » Topics » Assisted Housing Management Insider » Recent Court Rulings

Recent Court Rulings
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Owners Must Accept Residents' Section 8 Vouchers

Jul 1, 2011

Facts: Residents sued owners for refusing to accept their Section 8 vouchers. The antidiscrimination clauses in New York City's Local Law 10 prohibit owners from refusing to accept these vouchers. The owners argued that one resident's household composition made her ineligible to use the voucher.

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PHA May Be Liable for Owner's Alleged Discrimination Against Disabled Resident

May 26, 2011

Facts: In August 2007, a resident fell asleep after taking prescribed medication for depression. He fell asleep while cooking a pork chop in a frying pan. While he was asleep, the pork chop burned and the microwave above the stove was damaged. The site owner later served him with a notice of termination and filed an eviction lawsuit against him.


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HUD Can Apply REAC Standards to Section 8 Project-Based Program

May 26, 2011

Facts: Owners of two multifamily housing sites had entered into 30-year housing assistance payment (HAP) contracts with HUD in the late 1970s. Under the HAP contracts, the owners were required to maintain and operate their units and related facilities so as to provide decent, safe, and sanitary housing. The contracts also provided HUD with inspection rights to ensure compliance.


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Wife of Deceased Resident Denied Succession Rights to Unit

May 13, 2011

Facts: A public housing resident married another public housing resident and moved into his unit, without notifying the New York City Housing Authority (NYCHA) or asking that her name be added to her husband's lease agreement.

The husband submitted an Occupant's Affidavit of Income to NYCHA every year, listing himself and his grandchildren as occupants of the unit, but he never added his new wife's name to the affidavits.


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Owner, Not Housing Board, Responsible for Resident's Eviction

May 13, 2011

Facts: The Mobile, Ala., Housing Board discovered that a Section 8 resident had failed to report an increase in her household income. It sent the resident a letter notifying her that the housing board had overpaid its portion of the rent for 16 months in the amount of $3,248, which the resident must repay.

The resident agreed that she owed that amount and entered into a payback agreement by which she would make monthly payments over a 12-month period. Howev...

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Resident Let Criminal Son Return to Unit

Apr 26, 2011

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy after she violated a settlement agreement. The resident appealed NYCHA's decision, claiming that it was arbitrary and unreasonable.

Ruling: The court ruled against the resident.


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Owner Must File Holdover Proceeding Under HUD Regs

Apr 26, 2011

Facts: A site owner sued to evict a Section 8 resident for nonpayment of rent after the resident failed to meet recertification requirements for her rent subsidy. The resident asked the court to dismiss the case, claiming that it was procedurally improper.

Ruling: A New York court ruled for the resident.


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PHA Can't Evict III Resident for Son's Criminal Activity

Apr 26, 2011

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy based on nondesirability. The resident's son possessed marijuana at the unit, and the resident filed false information with NYCHA about his presence there. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable. She said that she was sick with breast cancer, was unaware of her son's criminal activity, and had asked him to help her there...

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PHA May Have Discriminated Against Resident Because of Seizure Disorder

Apr 26, 2011

Facts: A resident asked her PHA for permission to have her son act as a live-in aide. Her doctor recommended in writing that the PHA allow the live-in aide to provide medical care associated with her seizure disorder.

Although the resident didn't receive formal approval from the PHA, her son moved in with her anyway. He was never screened by the PHA or authorized to reside at the site.


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Resident's Son Didn't Have Succession Rights

Apr 26, 2011

Facts: The son of a New York City Housing Authority (NYCHA) resident claimed to have succession rights to the resident's Section 8 unit. The son was an original member of the household, but moved out of the unit for a period of time. At a preliminary hearing, he asserted that he never left the unit, and that, due to his mother's deteriorating health, he was always around to take care of her needs.


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