Recent Court Rulings

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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.

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.

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.

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

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.

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.

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...

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.

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...

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...