Recent Court Rulings

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Facts: Residents sued a Section 8 project owner in state court for discrimination under the theory of disparate impact liability. The owner decided not to renew participation in the project-based Section 8 subsidy program when it expired. Instead of continuing the project-based subsidy, the owner opted to accept Section 8 enhanced vouchers from the tenants, which enables the residents to continue living at the site with a rental subsidy.

Facts: A resident sued the local PHA for injuries she suffered while preparing a meal in her kitchen. At the time, a grease fire started. While the fire was shooting up to the hood of the stove, the resident grabbed the fire extinguisher that was on the floor of her kitchen, pumped it twice, and sprayed the fire. When doing so, the fire escalated. As a result, the oil from the pan sprayed the resident on her face and body, causing her injuries.

Facts: A resident sued a local PHA for allegedly improperly terminating his Section 8 housing benefits. The resident was authorized to rent a two-bedroom unit, with one bedroom for himself and one bedroom for his adult daughter who was his authorized in-home services aide.

Facts: A resident who lived in a one-bedroom apartment was diagnosed with advanced dementia in 2009. Her disability rendered her mentally unstable and incapable of living alone, as noted in medical records submitted to the housing manager and at a housing authority hearing. These notes indicated that it was “unsafe” for the resident “to live on her own,” and that she needed “to be under constant supervision.”

Facts: Two days after being refused entry into a resident’s unit, a site manager mailed the resident a letter informing him that his refusal to consent to entry for inspection and repairs violated his lease. The resident replied with a letter suggesting that actual ownership of the building was in doubt because of fraud relating to its purchase.

The manager then wrote and hand-delivered a letter informing the resident that his lease was term...

Facts: A Section 8 resident suspected that new site management was responsible for a decline in the maintenance of the units. He openly complained about the condition of the units to the management, other residents, and eventually the local PHA.

Facts: In 2009 and 2010, a PHA discovered that a Section 8 resident had earned income from sources she hadn’t disclosed and investigated whether she had reported all of her income as required. In 2010, the PHA received a report that an unauthorized person was living with the resident and investigated that allegation. In April 2010, a PHA employee met with the resident to discuss her compliance with program rules. Soon after, the PHA issued a notic...

Facts: A resident with mental illness failed to pay at least some portion her January 2014 rent within the time required under her lease. Due to her late rent payment, the owner initiated eviction proceedings against her in state court and secured a judgment against her on April 2, 2014.

Facts: An owner sued to evict a Section 8 resident who had continued as a month-to-month resident with an expired housing assistance payment contract. The owner claimed that occupancy was terminated after it sent a statutory 30-day notice of termination that expired on June 30, 2014. 

Facts: An owner sought to evict a Section 8 resident’s daughter from the unit after the resident passed away. According to the site managers’ testimonies, the resident had been given a two-bedroom handicap-accessible unit because of her age and disabilities as well as the fact that she also required a 24-hour attendant to assist her.