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

Recent Court Rulings
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Owner May Be Liable for Discrimination Related to Renovation Work

Jan 2, 2012

Facts: A disabled resident's immune system is unable to filter out toxic chemicals such as formaldehyde and asbestos. She sued the site owner and property management company for discrimination under the Fair Housing Act, claiming that they failed to make a reasonable accommodation for her disability, and under Section 504 of the Rehabilitation Act of 1973, which requires nondiscrimination and reasonable accommodation among recipients of federal financial assi...

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Sex Offender Not Allowed to Live in Unit

Dec 15, 2011

Facts: A local housing authority terminated a resident's Section 8 rental assistance for violating the Section 8 requirement that all persons living in the unit must be approved by the housing authority. Specifically, the termination letter stated an unapproved person was "registered as a sexual offender, at your address on October 23, 2010." The letter advised the household of their right to dispute the determination by requesting an informal heari...

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PHA Can Terminate Resident's Subsidy

Dec 15, 2011

Facts: An Iowa resident sued to overturn a PHA's decision to terminate her Section 8 housing assistance based on her failure to report income. The resident challenged the PHA's policy of treating a failure to report each of her child's Social Security benefits as a separate occurrence of unreported income and claimed that the policy violated the Fair Housing Act on the basis of familial status discrimination.


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Resident Not Liable for Son's Criminal Actions

Dec 15, 2011

Facts: A resident's 18-year-old son was arrested and found guilty in municipal court of possession of marijuana on the local housing authority's property. Based on the arrest, the housing authority attempted to evict the resident for her son's drug-related activity.


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Resident Didn't Disclose Business Income

Dec 15, 2011

Facts: A New York resident's lease requires the resident to furnish the owner with complete and accurate information regarding his household income. In 2006, the housing authority's acting inspector general informed the site manager that they had conducted an investigation of the resident and determined from a city's vendor questionnaire that he had owned a "cleaning and janitorial services company...

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Owner May Be Liable for Discrimination

Oct 31, 2011

Facts: A resident with arthritis and an autoimmune disease complained that the lack of heat in her building exacerbated her disability. After code enforcement and Section 8 inspectors inspected the site, the resident claimed that the site management blamed her for the inspection and criticized her for speaking to other residents about problems at the site.

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Resident Liable to PHA for Excess Rental Assistance

Oct 31, 2011

Facts: When a resident applied for Section 8 benefits, she reported that she worked for U.S. Bank and earned total weekly wages of $375. The resident showed the local housing authority a current pay stub. The application also included an affirmation that the contained information is true, correct, and complete, and that any changes in income must be reported in writing within 10 days from the date of occurrence. The resident received rental assistance based upon ...

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PHA Not Required to Consider Personal Circumstances for Violation of Income-Reporting Rule

Oct 31, 2011

Facts: A resident, an unemployed single mother of four children, had been receiving Section 8 vouchers for eight years when the events giving rise to the conflict in this case occurred. When she completed her annual recertification process in June 2010, she signed a copy of the public housing authority's (PHA's) “family obligations” policy and watched a film explaining the policies.

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Owner Not Liable for Disability Discrimination

Oct 31, 2011

Facts: A resident claimed that during her tenancy at a site she was harassed and assaulted by her neighbors for her alleged disability, that the site and its employees failed to take corrective action, and that her Section 8 specialist at the local housing authority conspired with the site owner to terminate her Section 8 benefits and to evict her.


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PHA Not Required to Submit Rent Comparability Study

Sep 25, 2011

Facts: An owner leased a rental housing facility for elderly residents to a local public housing authority (PHA). The PHA in turn entered into a housing assistance payment (HAP) contract with HUD to provide low-income housing under an amendment enacted in 1974 to the Housing Act of 1937. HAP contracts establish an agreed “maximum monthly rent” the property owners will charge residents, as supplemented by HUD's assistance payments to the owners.

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