Recent Court Rulings

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Facts: A site owner sued to evict a Section 8 resident for nonpayment of rent after the resident failed to meet recertification requirements for her rent subsidy. The resident asked the court to dismiss the case, claiming that it was procedurally improper.

Ruling: A New York court ruled for the resident.

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy based on nondesirability. The resident's son possessed marijuana at the unit, and the resident filed false information with NYCHA about his presence there. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable. She said that she was sick with breast cancer, was unaware of her son's criminal activity, and had asked him to help her there...

Facts: A resident asked her PHA for permission to have her son act as a live-in aide. Her doctor recommended in writing that the PHA allow the live-in aide to provide medical care associated with her seizure disorder.

Although the resident didn't receive formal approval from the PHA, her son moved in with her anyway. He was never screened by the PHA or authorized to reside at the site.

Facts: The son of a New York City Housing Authority (NYCHA) resident claimed to have succession rights to the resident's Section 8 unit. The son was an original member of the household, but moved out of the unit for a period of time. At a preliminary hearing, he asserted that he never left the unit, and that, due to his mother's deteriorating health, he was always around to take care of her needs.

Facts: After getting a report that a resident who received Section 8 housing assistance had committed an assault and robbery, the Omaha Housing Authority terminated the resident's lease. When the resident didn't vacate the premises as requested, the housing authority sued to evict him. The housing authority also terminated his housing assistance benefits.

Facts: A resident sued the owner to force the owner to accept the resident's Section 8 subsidy. The resident claimed that the owner refused to sign a lead paint disclosure form, which the local housing authority needed to process the resident's Section 8 benefit application. The owner claimed that it gave the resident a lead paint disclosure certification when the resident moved in and wasn't required to provide any further lead paint notice. The cour...

Facts: The owners of a Section 8 site declined to renew the contracts with their residents and sought instead to raise rents to the fair market rate. The residents sued, asking the court to force the owners to accept their Section 8 vouchers and prevent the owners from evicting residents for nonpayment of the full market-rate rent.

Facts: A prospective resident sued to compel the New York City Housing Authority (NYCHA) to reinstate her Section 8 housing voucher and to enforce a lease agreement she signed for a unit. The applicant had received a 180-day Section 8 voucher in July 2009. NYCHA located a unit for the applicant on Nov. 17, 2009, and advised her that she had to pay $375 within five days or lose the unit. The applicant didn't contact NYCHA until Dec. 14, and was then told that ...

Facts: The New York City Housing Authority (NYCHA) terminated a household's tenancy for nondesirability and breach of the house rules and regulations, based on the resident's objectionable conduct. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable.

Decision: The court ruled against the resident.

Facts: The New York City Housing Authority (NYCHA) determined that a resident had illegally sublet her unit without NYCHA's consent. The resident appealed NYCHA's decision, claiming that it was unreasonable. The court found the penalty too harsh and put the resident on probation for one year. During that period, a subtenant came forward and complained that the resident kicked her out of the unit where she was subletting a room. NYCHA again terminated the ...