Recent Court Rulings

RSS

Facts: A Section 8 Housing Choice Voucher (HCV) program participant sued the local PHA for allegedly violating her procedural due process rights by effectively terminating her HCV assistance without making an official determination that she was subject to termination from the HCV program.

Facts: A married Muslim couple who dress in traditional attire sought to rent an apartment at a low-income site. After being denied, the couple sued the owner for religious discrimination under the Fair Housing Act.

The rental application asked for a variety information from applicants, but for purposes of this case, the most relevant is the requirement that an applicant provide rental history from the previous five years. The form asked for the n...

Facts: A severely disabled resident lives in Section 8 housing for low-income elderly and disabled tenants. He suffers from incomplete paralysis in his extremities, with muscle spasms and sensations leaving him in daily pain. At the time of lease renewal, he signed a drug-free housing policy addendum.

Facts: A nonprofit organization that seeks to maintain racially and economically inclusive communities sued a property management company alleging violations of the Fair Housing Act. The lawsuit claimed that the company has a general policy that it won’t negotiate with, rent to, or make certain units available to voucher households. The nonprofit claimed that the company applies this policy in white, non-Hispanic areas and applies it even when the...

Facts: A disabled resident living in a Section 8 assisted living apartment refused to pay for damage to the building’s motorized front door. The owner sued to evict the resident.

Facts: A group of Section 8 residents claimed that owners improperly charged them for washer and dryer rentals, renter’s insurance, and covered parking. The residents argued that “side payment” for these services constitute impermissible rent under the Section 8 contracts and regulations, and the owners therefore violated the Section 8 contracts and submitted false claims for reimbursement under the federal program.

Facts: An owner sued to evict a tenant for breach of lease conditions other than nonpayment of rent. The parties eventually resolved the dispute through arbitration, which was memorialized in a settlement agreement. After the settlement, in May 2016, the tenant was involved in altercations in and around the site that escalated into physical violence and threats. As a result, the owner filed a motion for an evidentiary hearing with the trial court, askin...

Facts: A disabled resident received permission to have her son live with her as a live-in aide. The son signed a live-in aide agreement in which he agreed he was an “employee of Lou White” and that he “ha[d] no other rights to the unit. After the resident passed away, the son didn’t vacate the apartment immediately. He spoke to property managers about transferring the unit into his name. He was told he couldn’t live in the ...

Facts: For most of her life, a resident’s daughter lived at a Section 8 site. In or prior to 2007, without her knowledge, her mother removed her from the household composition forms. She continued to live in the apartment. When her mother moved out and she sought to take over the lease, HUD denied the continuation of the Section 8 subsidy because she wasn’t a party to the lease.

Facts: A young child was shot and killed while visiting a resident at an assisted site. During her tenancy, the resident had several lease violations and alleged violations. These problems ranged from having breed-restricted dogs in her apartment, to playing loud music, to allowing individuals not on the lease to live with her.