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

Recent Court Rulings
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Lack of Comparability Studies Doesn't Bar Rent Hikes

Feb 1, 2010

Facts: The Illinois Housing Development Authority (IHDA) subsidized the rents under HAP contracts between HUD and the owners of two Section 8 sites: Greenleaf Apartments and Sandburg Village Apartments. Both the Greenleaf and the Sandburg contracts establish rent amounts that obligate IHDA to make assistance payments in amounts equal to the difference between the contract rents and the payments made by residents.


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PHA Didn't Properly Consult Site During Management Selection Process

Feb 1, 2010

Facts: In February 2009, the Chicago Housing Authority (CHA) initiated a nationwide request-for-proposal (RFP) to reduce the cost of management at Horner Housing Development by reducing the number of property management firms involved in the management of the complex.


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Housing Authority Maintenance Check Didn't Violate Fourth Amendment

Dec 28, 2009

Facts: In February 2007, a sewer backed up in Wheatland Homes, a public housing complex managed by the North Newton Housing Authority. The complex's executive director met with maintenance personnel and asked whether any of the other units in the fourplex had been checked for damage. Upon learning that they had not, he directed maintenance personnel to do so.


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Housing Authority May Have “Constructively Discharged” Manager

Dec 28, 2009

Facts: In 1990, after two years as property manager, an African-American employee of the St. Clair Housing Authority informed his supervisor that he had an interest in the position of director of property management. The supervisor selected a white man for the position, and the property manager was promoted to operations supervisor, supervising three to four property managers and developing screening criteria for public housing applicants.


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Minor Property Damage Insufficient Grounds for Lease Termination

Nov 20, 2009

Facts: As a result of conditions found at an annual unit inspection, the site owner terminated a resident's lease. At a formal grievance hearing in February 2009, the hearing officer supported the owner's decision to terminate the lease as a result of several lease violations, including damage to the outside garage door, soiled carpets, and children's crayon markings on the walls of the unit.

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Owner Didn't Make Reasonable Accommodation

Nov 20, 2009

Facts: A resident who was living on the third floor of a building that did not have an elevator gave the site manager a note from her physician, requesting that she be moved to any available first-floor unit because her physical condition prevented her from engaging in strenuous activity. The resident claimed to suffer from a variety of medical conditions, including diabetes, hypertension, depression, and asthma. Over the next few years, the resident made numerou...

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Would Accommodation of Disabled Resident Be Reasonable, Prevent Eviction?

Oct 26, 2009

Facts: The Boston Housing Authority (BHA) undertook the eviction of a resident who assaulted his twin brother on public housing development grounds, claiming that he constituted a threat to the safety of other tenants. The resident, in turn, claimed that he had a mental disability and argued that the BHA should have tried to reasonably accommodate his disability before terminating his tenancy.


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Resident Not Automatically Entitled to Grievance Hearing

Oct 26, 2009

Facts: The New York City Housing Authority took action to terminate the tenancy of a resident for being chronically late in paying rent. The resident claimed that the housing authority improperly denied him a grievance hearing to contest its actions to evict him. The housing authority claimed, however, that the resident failed to meet the requirements for filing a grievance and had previously chosen not to attend several other applicable hearings. The resident su...

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Owner Can't Evict Residents Because It Wants to Raise Rent

Oct 26, 2009

Facts: Morton LLC, a residential property owner subject to the Los Angeles Rent Stabilization Ordinance (LARSO), served notices of eviction on residents because it wanted to raise the rent on units on its housing property.


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Site Didn't Discriminate Against Manager

Sep 23, 2009

Facts: In late 2004, a site manager with 13 years' experience overseeing low- to middle-income housing at Southside in Brooklyn, N.Y., took a one-month personal leave to care for her sister. While she was away on leave, Southside's housing director issued a memorandum admonishing her for “many discrepancies with the tenants' files, such as expired leases, incomplete or missing recertifications, and missing files or documentation.”


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