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January 30, 2026
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Home » Topics » Assisted Housing Management Insider » Recent Court Rulings

Recent Court Rulings
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Resident Fails to Make Due Process Case in Eviction

Jul 27, 2009

Facts: In April 2003, the Philadelphia Housing Authority gave a resident a notice of lease termination. The housing authority said the resident had done three things that violated her lease:

  • She allowed her son to live with her without the approval of management;

  • She did not maintain the premises in a safe, clean, and sanitary condition; and

  • She lashed out at two site managers and physically struck them.


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Court Backs Section 515 Loan Prepayment Rules

Jul 27, 2009

Facts: The owner of a small multifamily housing development in Oregon went to court in 2006 to force the USDA's Rural Housing Service (RHS) to accept prepayment of her site's Section 515 loan. The owner wanted to be free of the rent restrictions under Section 515 and operate at market rents.


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Aggressive Code Enforcement Not Intended to Shut Down Site

Jul 27, 2009

Facts: In March 2002, AHF Community Development, LLC, a nonprofit affordable housing provider, acquired the Bent Creek Apartments in the Lake Highlands area of Dallas with funds from a bond issuance by the Texas State Affordable Housing Corporation. AHF claimed in court that the City of Dallas violated the Fair Housing Act by devising a plan to shut down Bent Creek. AHF said the city made up building code violations to drive away residents and intimidate managers...

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Owner, Manager Can Be Liable for Employee's Discriminatory Actions

Jun 24, 2009

Facts: In a fair housing enforcement action, the U.S. Department of Justice sued the companies that owned and managed the Central Park Towers Apartments in Kansas City, Kansas, under Title VIII of the Civil Rights Act of 1968. The suit also individually named a woman who worked for the companies as the property manager.

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Court Upholds FCC Ban on Exclusive Cable Agreements

Jun 24, 2009

Facts: Trade associations representing cable operators and apartment building owners sued in federal court in Washington, D.C., to overturn an order of the Federal Communications Commission (FCC) banning exclusivity agreements between cable companies and owners of multiple-unit buildings. In October 2007 the FCC ruled that the agreements, in which site managers give one company the exclusive right to provide cable service to their residents, unfairly dampened com...

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Court Reverses Agency's Disability Discrimination Determination

Jun 24, 2009

Facts: After two resident shareholders in a cooperative housing development in Bayside, N.Y., acquired a dog, in violation of the cooperative's no-dogs policy, the development began eviction proceedings. The residents complained of discrimination, seeking to keep the dog as a reasonable accommodation. They presented evidence from health care providers showing that having a dog in the unit helped ameliorate their symptoms of depression.

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Law Allows, But Doesn't Mandate, Eviction in Drug Cases

Jun 24, 2009

Facts: After police found crack cocaine, powdered cocaine, and drug paraphernalia in a public housing unit, the Housing Authority of Covington issued a notice of eviction to the resident. The resident claimed that she had no knowledge of drugs in her apartment and had not put them there. Her nephew, who visited from time to time, had. After learning of his arrest, she informed him to stay away, and he had not returned. However, the housing authority proceeded wit...

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HUD Can't Stop City's Condemnation of Subsidized Property

May 25, 2009

Facts: The City of Joliet, Ill., condemned a subsidized multifamily complex it believed to be so run-down that it constituted a public nuisance. The owners of Evergreen Terrace went to court to stop the city's condemnation, arguing that because the complex is a Section 8 development, federal law barred the city from acting. After the court ruled that Section 8 of the Housing Act of 1937 [42 U.S.C. §1437f] does not preempt local law, HUD intervened in the...

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Voucher Termination Denies Resident Due Process

May 25, 2009

Facts: A housing authority terminated Section 8 rental assistance after a voucher holder was involved in a violent altercation with a neighbor. Although the voucher holder had not been convicted of any crime, he had been charged with two felony counts of aggravated assault. Believing the resident's claim of self-defense, the manager of the private rental complex decided not to evict the resident based on the incident. However, the housing authority that issue...

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Site Manager's Applicant Screening Is Discriminatory

May 25, 2009

Facts: An applicant for a rental unit in Tonawanda, N.Y., alleged that a site manager denied her housing because she has a family with children. After seeing a for-rent sign outside the Sherwood Terrace Apartments, the prospective renter spoke with the site manager by telephone and made an appointment to see a unit. When the site manager first saw the applicant, he asked if the two children accompanying her would be living with her. She said they would.

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