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

Recent Court Rulings
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PHA Can't Bar Resident's Son Who Wasn't Dangerous

Feb 28, 2011

Facts: A public housing authority (PHA) decided that a resident's adult son should be excluded from the resident's household based on his 2007 criminal charges. The resident appealed, claiming that the PHA's decision was arbitrary and unreasonable.

Ruling: A New York court ruled for the resident.


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Owner Didn't Retaliate Against Resident for Complaints About Water Quality

Feb 28, 2011

Facts: A resident of a low-income housing site in the Virgin Islands complained to the owner that the water at the site was burning his face and eyes and smelled of Clorox. According to the resident, the owner responded that the resident was always complaining that the water was always either too green or too chlorinated, and he should choose which way he wanted it.

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PHA Not Responsible for Resident's Fall on Black Ice

Feb 28, 2011

Facts: A resident sued the New York City Housing Authority (NYCHA) and its contractor for negligence after slipping and falling on black ice on the walkway in front of her building. NYCHA and its contractor, which had installed a sidewalk shed in front of the building, asked the court to dismiss the case. The court refused, finding a trial was needed to determine the facts. NYCHA and the contractor appealed.

Ruling: The appeals court ruled for NYCHA ...

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Owners Denied Back Rent Adjustment Payments

Jan 25, 2011

Facts: The owners of four multifamily housing sites that receive Section 8 assistance claimed that a South Dakota public housing authority (PHA) violated their housing assistance payments (HAP) contract.


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Memphis PHA May Be Liable for Resident's Wrongful Death

Jan 25, 2011

Facts: A resident of a housing site owned and operated by the Memphis Housing Authority (MHA) was fatally shot at the site by another resident.


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Housing Agency Didn't Create Hostile Work Environment

Dec 28, 2010

Facts: An Hispanic employee of the Housing and Community Service Agency of Lane County, Oregon, which provides housing and services for moderate- to low-income Oregon residents, was disturbed by her coworkers’ attitude toward minorities.


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PHA Didn't Have to Put Disabled Applicant at Top of Waiting List

Dec 28, 2010

Facts: An applicant filed a complaint against the Bayonne Housing Authority (BHA), claiming that it unlawfully discriminated against him on the basis of his disabilities when, upon his request for a Section 8 housing voucher, it didn't put him at the top of the applicant list.

BHA had notified the applicant, who was not a resident of Bayonne, that his name had been placed on the waiting list, but that first preference would be given to Bayonne residents...

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NYCHA Legally Terminated Tenancy for Chronic Rent Delinquency

Nov 24, 2010

Facts: The New York City Housing Authority (NYCHA) charged a resident with chronic rent delinquency. At a hearing, the assistant site manager testified that the resident had not paid rent for almost two years.

The resident testified that NYCHA “listed” her as a “move-out” since she transferred to another unit, and she hadn't received any rent statements for several years. She also testified that the management office changed her ...

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Resident Didn't Disclose Live-In Aide Owned Unit

Nov 24, 2010

Facts: A Minnesota resident received Section 8 housing assistance and additional benefits for a live-in aide, who also owned the unit in which they resided. On the application for assistance, the resident identified the live-in aide as a household member, but didn't disclose that she also owned the unit. When the housing authority learned that the live-in aide also was an owner, it threatened to terminate the assistance. The resident requested a hearing.


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Did PHA Improperly Deny Owners Rent Adjustments?

Nov 24, 2010

Facts: The owners of multifamily housing sites sued the Maine Housing Authority for failing to automatically increase their Section 8 rental subsidies on an annual basis pursuant to their housing assistance payments (HAP) contracts. The housing authority asked the court to dismiss the case against it.

Decision: The court denied the housing authority's request.


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