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Facts: In April 2007, a resident signed a lease with Garden View, a nonprofit organization that provides subsidized housing for individuals living with HIV/AIDS and their families in Chicago. Garden View's property manager reviewed the lease provisions, including the prohibition against illegal drug activity, with the resident when he signed the lease.
Facts: In April 2007, a lead inspector from the Department of Housing Preservation and Development of the City of New York (HPD) visited a unit in a residential building on West 157th Street and found nine lead-paint violations. Under the city's lead-based paint law, the presence of peeling or deteriorated lead-based paint in a residential unit where a child lives is a hazard requiring immediate correction. After removing the hazard, the owner must certify th...
Facts: The Inclusive Communities Project (ICP), a nonprofit fair housing group in Dallas, went to court alleging that the Town of Flower Mound, Texas, violated the Fair Housing Act by systematically blocking the creation of affordable rental housing. According to ICP, the town refuses to develop Low Income Housing Tax Credit (LIHTC) rental housing in the community. ICP also claims that the town's zoning plan limits the number of low-income units to only 4 per...
Facts: In October 2007, the New York City Housing Authority (NYCHA) notified a public housing resident that her lease was being considered for termination for chronic rent delinquency. Following its termination-of-tenancy policy, NYCHA scheduled a hearing on the charges before an impartial hearing officer in September 2008. Before the hearing process was concluded, though, the resident sued NYCHA, charging racial discrimination and retaliation against her for bri...
Facts: The owner of a Section 8 site in Ohio sued HUD for breach of its HAP contract. Ocean View Towers Associates sought damages stemming from HUD's failure to provide the automatic annual rent increases specified in the HAP contract beginning in the contract anniversary year of 2002 and continuing through the date it filed its complaint, January 2009. Even though Ocean View requested contract rent adjustments, its contract rent remained the same from the 20...
Facts: In 1987, HUD awarded the City of Kalamazoo a grant under the Housing Development Grant Program for the construction of a private 150-unit multifamily rental housing development, with 60 units to be reserved for 20 years for occupancy by low-income families. Under the HUD grant program, which Congress ended in 1991, development owners had to repay the funds to the grantee—in this case, Kalamazoo. In 1987, a private developer executed a promissory note...
Facts: In April 2003, the Philadelphia Housing Authority gave a resident a notice of lease termination. The housing authority said the resident had done three things that violated her lease:
She allowed her son to live with her without the approval of management;
She did not maintain the premises in a safe, clean, and sanitary condition; and
She lashed out at two site managers and physically struck them.
Facts: The owner of a small multifamily housing development in Oregon went to court in 2006 to force the USDA's Rural Housing Service (RHS) to accept prepayment of her site's Section 515 loan. The owner wanted to be free of the rent restrictions under Section 515 and operate at market rents.
Facts: In March 2002, AHF Community Development, LLC, a nonprofit affordable housing provider, acquired the Bent Creek Apartments in the Lake Highlands area of Dallas with funds from a bond issuance by the Texas State Affordable Housing Corporation. AHF claimed in court that the City of Dallas violated the Fair Housing Act by devising a plan to shut down Bent Creek. AHF said the city made up building code violations to drive away residents and intimidate managers...
Facts: In a fair housing enforcement action, the U.S. Department of Justice sued the companies that owned and managed the Central Park Towers Apartments in Kansas City, Kansas, under Title VIII of the Civil Rights Act of 1968. The suit also individually named a woman who worked for the companies as the property manager.
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