Recent Court Rulings

RSS

Facts: A Section 8 resident sued the local PHA and its executive director based on their termination of her voucher. She asserted a violation of her due process rights and violations of her right to a reasonable accommodation for her son’s disability. She also asked the judge for a Temporary Restraining Order and a preliminary injunction seeking reinstatement of her family’s Section 8 voucher while this lawsuit is pending.

Facts: A group of Section 8 owners sued the local PHA for breach of their housing assistance payment (HAP) contracts. Under these contracts, the tenants are required to pay a percentage of their income to the owners, the housing agencies pay the remaining rent, and HUD reimburses the housing agencies.

Facts: A Section 8 applicant sued the local PHA and HUD for placing him on the waiting list for Section 8 housing. The applicant claimed that he suffers from various mental disabilities. He alleged that his placement on the waiting list violates his rights under the Equal Protection and Due Process Clauses of the United States Constitution.

Facts: A Section 8 resident sued the management company for unjust enrichment. She claimed that the company raised her rent without authorization and unjustly retained money paid to the company by HUD on her behalf.

Facts: A spouse of a voucher holder claimed that the local PHA deprived her of her due process rights by denying her the opportunity to be heard at a hearing to determine the termination of a voucher held by her husband. She wasn’t the voucher holder herself.

Facts: In a consolidated lawsuit, over 300 PHAs sued the United States for breach of contract. They claimed that HUD breached their Annual Contributions Contracts (ACC) in 2012 when it didn’t comply with the rules set forth at Title 24 of the Code of Federal Regulations that govern the allocation of operating subsidies when funds are not available to pay them in full.

Facts: A public housing resident signed a year-long lease. The lease stated that it “shall automatically be renewed for successive terms of 12 months” unless modified or terminated in accordance with certain lease provisions. On the day of signing, the resident met with a site employee, to review the lease terms. At that meeting, the resident was accompanied by the father of her three children. The employee asked her if the father would be l...

Facts: The family of a 16-year-old boy sued a site owner over the shooting death of the boy outside of his cousin’s apartment. According to an affidavit of the property manager, the boy was shot by a visitor of a resident. Another resident testified that the shooter had been staying at his girlfriend’s apartment at the site for two years. The shooter was the father of one of the resident’s children, and he would stay and babysit his ch...

Facts: A public housing resident appealed the dismissal of her civil rights suit against the local PHA and its property manager for alleged racial discrimination in violation of the Fair Housing Act (FHA). In the original complaint, the resident alleged that during an encounter late in 2014, the property manager racially discriminated against her and harassed her on account of her child-custody issues. Because she is white and her male partner is black,...

Facts: After the local PHA successfully obtained a court order to evict a resident, the resident filed a First Amendment retaliation claim against the PHA and a false arrest charge against police officers. The resident claimed that she was unlawfully retaliated against by the local PHA for tenant organizing, a form of speech she contends is protected by the First Amendment.