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

Recent Court Rulings
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PHA Didn't Violate 14th Amendment with Random Housing Inspections

Dec 11, 2015

Facts: Under federal law, a participant in the Housing Choice Voucher program is required to permit the local PHA to inspect his or her unit. The PHA is periodically required to randomly select units from a list of units that had annual inspections performed within the previous 90 days.


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Resident Didn't Properly Appeal PHA's Termination Decision

Nov 12, 2015

Facts: A Section 8 resident sued the local PHA and its employees for allegedly violating her constitutional rights. From March 2008 until January 2013, she entered into a lease agreement for an apartment. The PHA, through a housing inspector, conducted an annual inspection of the apartment in January 2013. The inspector noted that the resident wasn’t occupying the unit and that an unidentified man was living there. Based on the inspector’s o...

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PHA Didn't Consider Mitigating Circumstances

Nov 12, 2015

Facts: On March 4, 2013, a local PHA sent a notice of termination of Housing Choice Voucher benefits to a resident. The letter indicated that her benefits were being terminated because she had failed to report in writing within 30 days of an increase in household income or new income for any family member. The notice stated that she hadn’t reported her daughter’s employment and income, which began in March 2012.


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County Must Forfeit Affordable Housing Funds

Oct 13, 2015

Facts: For nearly a decade, Westchester County, N.Y., has been engaged in litigation with HUD over whether the county has adequately analyzed—in its applications for HUD funds—impediments to fair housing within the county’s jurisdictions.


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PHA Not Liable for Negligence Regarding Mold Complaint

Oct 12, 2015

Facts: In 2001, a resident began renting a unit at a site owned and operated by the local PHA. In early February 2008, the resident requested that certain repairs be made to his unit and reported that mold was growing under the sink. The completed work order indicates that the mold was treated.


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Resident Met $15,000 Threshold Needed for a Jury Trial

Oct 11, 2015

Facts: A resident rented a unit at a federally subsidized site for a number of years. In March 2013, the owner notified the resident that, because of numerous lease violations, it was terminating her lease effective April 12, 2013, and directed her to vacate the unit by that date.


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Owner Not Liable for Contractor's Injuries

Sep 29, 2015

Facts: An independent contractor sued the owner of an assisted site for injuries she suffered when she fell through a second-floor bathroom. The site manager had called the contractor, who owned and operated a business that performed cleaning and repair services, after a resident had filed a HUD complaint. The resident had complained that the unit had a mold problem that was making her children sick, as well as a water leak and an issue with the bathtub...

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Owner's Complaints Against PHA Aren't Constitutionally Protected Speech

Sep 29, 2015

Facts: An owner participating in the Housing Choice Voucher (HCV) program sued the local housing authority for allegedly violating his first amendment rights by retaliating against him for opposing its improper conduct.


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HUD Lawfully Denied CDBG Funds to County

Aug 12, 2015

Facts: A New York county that had been a recipient of Community Development Block Grant and other federal housing funds asked a court to review the final administrative determinations by HUD to withhold those funds from the county for the 2011, 2013, and 2014 fiscal years.


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Owner Made Improper Mortgage Transfer, Raised Rents Without Proper Notice

Aug 12, 2015

Facts: An owner of a 52-unit site obtained a mortgage from an FHA-approved lender. The mortgage was secured as part of HUD’s Section 236 program. The Section 236 program insures loans to private developers in exchange for their commitment to provide low-income housing. As part of the Section 236 program, HUD also provides interest-reduction payments to FHA-approved mortgagees on behalf of the mortgagors.


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