Recent Court Rulings

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Facts: In 2010, a fire in a unit took the lives of a Section 8 resident and her guest. Their bodies were found on the third floor of the unit, and an autopsy confirmed that both women died from smoke inhalation. The third-floor bedroom lacked a smoke detector and an alternate means of egress—even though the unit was required to have both safety features under the Housing Choice Voucher program in which the owner participated.

Facts: A resident sued the site owners for use of an allocation clause in the resident’s lease. The clause requires a resident to specifically and in writing designate his monthly payment as “rent” or “for rent” for it to be considered as such. The clause allows the owners to apply undesignated payments from a tenant first toward outstanding maintenance charges, late fees, or legal fees, and then to rent.

Facts: A PHA terminated a resident’s tenancy after determining that she had breached its rules and regulations. In May 2011, the police executed a search warrant for the resident’s unit. The search warrant was obtained based on two incidents where an informant observed an unidentified male bagging crack-cocaine for distribution and a firearm. During the search, police found approximately 47 plastic bags of marijuana, a starter pistol, busine...

Facts: After using her key to enter the lobby of the building, a resident was deterred by the presence of two men standing in front of the elevator. The resident testified that she didn’t “trust anybody in that building” and declined their invitation to enter the elevator. She went outside and waited until she saw two elderly Hispanic women enter the building. All five persons got onto the elevator when it arrived, and the resident pre...

Facts: In August 2009, a resident who has participated in the voucher program since 1997 transferred to a voucher program administered by a different PHA. Before her transfer, she signed a “Statement of Family Obligations” acknowledging that she understood the program’s requirements, which included complying with interim and annual reporting requirements, reporting any changes in her source of income within 10 days of the change, and r...

Facts: A Section 8 resident’s rent was $50 per month. The lease provided that a $25 late charge would be assessed each month that he didn’t pay his rent in full by the fifth of the month. The resident’s account became delinquent in July 2012 after he failed to pay in full a $95.50 charge for repair and maintenance services. As a result, his rent payment was late in July, August, and September 2012, and he was assessed three late charge...

Facts: A PHA began eviction proceedings against a resident after discovering that he was a lifetime registered sex offender in the State of New York. The resident became a convicted sex offender sometime in 1997.

Facts: An elderly disabled resident experienced a psychotic episode one morning. Acting on the basis of delusions, she turned on her faucets, boiled pots of water, and obstructed the entrance to her unit. A maintenance employee smelled gasoline and unsuccessfully attempted to enter her unit. Police officers and emergency medical personnel were contacted, and they forcibly entered the unit. They were accompanied by an administrative officer who worked fo...

Facts: A Section 8 resident signed a one-year lease agreement that stated that, at the end of the lease term, she could continue to rent the unit from the owners, with their consent, on a month-to-month basis. The agreement also provided that, after the initial one-year lease period, either party “can send a notice to the other and cancel this lease at any time.”

Facts: A Section 8 resident sued the local PHA, leasing agents, and various contractors for alleged harm suffered from the presence of mold and microbiological contaminants in her unit. The resident claimed that the site didn’t meet HUD’s Housing Quality Standards and that “improper inspections and repairs” were made to the property.