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

Recent Court Rulings
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PHA Must Provide Voucher Termination Hearing

Aug 12, 2015

Facts: A Section 8 resident sued a local PHA for terminating her voucher. She claimed that the PHA terminated her voucher without cause and without an opportunity for a hearing, in violation of the due process clause of the Fourteenth Amendment.


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PHA Not Liable for Discrimination

Jul 14, 2015

Facts: A resident with glaucoma asked the PHA for increased lighting in her unit no later than Nov. 8, 2012.

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Household Member Didn't Use Unit as Principal Place of Residence

Jul 14, 2015

Facts: In 2008, when a resident filled out a continued occupancy form for a unit, she included her daughter as one of the people who would live in the subsidized unit, and use it as her primary residence, during the next 12 months. In signing the form, the resident certified that the information she had provided was accurate and complete and that any false statements or information would be grounds for termination from the program.


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Resident Didn't Harbor a Fugitive

Jun 17, 2015

Facts: A resident’s daughter was arrested at the resident’s unit approximately 10 minutes after signing in on the site’s visitor log. The daughter was wanted by the police for allegedly stabbing a family member in the leg with a knife during an altercation.


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State A.G. Can Investigate Discrimination Complaints Against City

Jun 17, 2015

Facts: The City of Tempe, Ariz., challenged the authority of the Arizona Attorney General (AAG) to investigate a complaint alleging discriminatory housing practices against a municipal corporation. The City of Tempe is organized as a municipal corporation that operates Tempe Housing Services (THS), a public housing agency. THS administers the Section 8 Housing Choice Voucher program through which HUD provides rental subsidies to eligible families and in...

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PHA's Accidental Acceptance of Sex Offender Doesn't Preclude Lease Termination

Jun 17, 2015

Facts: When a resident filled out a PHA’s application, he noted he was a registered sex offender. Although the PHA doesn’t permit registered sex offenders into its housing program, it admitted him. The PHA didn’t read his application carefully, if at all; instead, it relied on a preliminary background check to accept the resident into the program.


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Resident's Crime Didn't Violate Rental Agreement

May 19, 2015

Facts: A resident appealed an eviction by the local PHA. From 2009 until 2011, the resident served as the president of the site’s tenant association. In July 2010, he received a check for $1,400 from the PHA to be used for resident participation activities as required by HUD. In 2011, the resident failed to comply with the PHA’s requests for financial documentation of the association checking account, and the PHA’s Financial Management...

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Owner May Be Liable for Third Party's Harassing Conduct

May 19, 2015

Facts: After 18 months of living at a site, a Section 8 African-American resident heard his next-door neighbor call him a racial slur. The resident was shocked and fearful, but didn’t respond. This was the start of a series of threatening encounters with his next-door neighbor. After one incident in which he was called a racial slur several times, the resident phoned 911, and a county hate crimes unit officer arrived and interviewed witnesses. The...

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Class Action Lawsuit for Mold Injuries Can Continue Against PHA

May 19, 2015

Facts: Two residents filed for a class action lawsuit on behalf of themselves and others similarly situated, for damages related to their alleged exposure to mold while living in housing developments operated by the local PHA. Originally, the residents sought to define the potential class as all residents affected by mold who occupied units managed by the PHA on Dec. 1, 1980, through the present.

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State's Right-to-Remedy Law Doesn't Apply to Public Housing Resident's Eviction

Apr 17, 2015

Facts: A PHA sued to evict a resident because he violated the terms of his lease by engaging in “drug-related criminal activity.” Specifically, he smoked marijuana in his unit.


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