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Facts: Two site owners sued the Illinois Housing Development Authority (IHDA), alleging that IHDA breached its housing assistance payments (HAP) contracts by: failing to increase contract rents or by raising contract rents by less than the amount called for in the HAP contracts; reducing the automatic Annual Adjustment Factor (AAF) by .01 for units occupied by the same family in consecutive years; and requiring the submission of rent comparability studies without...
Facts: Employees of the New Orleans Housing Authority claimed that HUD improperly exempted the housing authority from Louisiana civil service laws and that the Louisiana Civil Service Commission (LCSC) improperly acceded to HUD's action, which resulted in the government agencies discriminating against them. The federal district court ruled in favor of HUD, dismissing the case. The employees appealed.
Facts: An owner sued to evict a Section 8 resident who failed to pay his portion of subsidized rent for two months. The court ruled for the owner based on the resident's default, but later reopened the case. The resident got a commitment from the local department of social services (DSS) to pay the unpaid rent. However, the owner wouldn't provide a W-9 form and proof of a tax identification number needed to complete the paperwork. The owner then obtained ...
Facts: A New York City site owner sued to evict a HUD Section 202/8 resident based on his objectionable conduct. The owner and resident signed a settlement agreement in court. A judgment and eviction warrant were issued, but stayed for a two-year probation period. The resident agreed not to physically or verbally assault anyone. The owner later went back to court and asked for immediate eviction based on the resident's violation of the settlement agreement. A...
Facts: The New York City Housing Authority (NYCHA) sued to evict a resident for illegal narcotics-related activity. The resident's babysitter had been arrested and, with a search warrant, the police found heroin and cocaine in one of the bedrooms in the resident's unit.
Decision: The court ruled for the resident and dismissed the case.
Facts: HUD terminated the housing assistance plan (HAP) contract of a Section 8 site in Western Pennsylvania and foreclosed on the property, which was then transferred to a purchaser.
Residents of the site sued HUD in federal district court, arguing that the agency had illegally foreclosed on the property. Specifically, the residents asserted that HUD did not comply with Section 311, because it did not make a proper determination that the site was not feasi...
Facts: The New York City Housing Authority (NYCHA) terminated a resident's lease after finding that she failed to register her dogs or comply with the site's pet policy. NYCHA also found that the resident chronically failed to pay her full rent. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable.
Facts: Dunes City, Ore., through its Land Use Board of Appeals (LUBA), rejected a developer's proposal to build single-family and government housing in the city. The developer asked a court to overrule the LUBA's decision, which was based on the city having fewer than 2,500 residents, and therefore allowing the agency to turn down the application without having “clear and objective” standards prescribed under Oregon law.
Facts: On his application for Section 8 housing assistance, a resident identified a live-in aide as a member of his household, but did not disclose that the aide also owned the property in which he would be residing. Instead, his application stated that no member of his household owned any real estate.
Facts: The Hartford Housing Authority sought to terminate a resident's lease for conduct violating the lease. In its initial letter to the resident, the housing authority alleged that the resident didn't comply with its rules and regulations and requested that the resident attend a conference to discuss the matter. The letter indicated that the lease would terminate “unless these actions or their results can be and are corrected by you within 15 day...
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