Recent Court Rulings

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Facts: In September 2004, a site manager gave a new resident a copy of the lease along with the site's house rules, which contained the following:

• “Supervision problems will be grounds for eviction.

• “All children 10 and under must be supervised by an adult while outside.

• “Any damage to an apartment, the building, the common grounds, or upon the entire property of the apartment community, by a resid...
  

Facts: A resident was required to recertify by September 1 of each year. Around May 1, 2008, the site owner gave the resident the first reminder notice, followed by a second notice on June 2, 2008, and a third notice on July 1, 2008. Then, in a letter dated July 28, 2008, the owner advised the resident that she had not yet completed recertification. The September 1 deadline passed without the resident's recertifying.

Facts: An employee of the New York City Housing Authority (NYCHA) began her career in October 1979 as a secretary. Twenty-five years later, she was diagnosed with multiple sclerosis, and in November 2006, she began an approved leave of absence under the Family Medical Leave Act (FMLA) to deal with her condition. She returned to work in late February 2007.

Facts: A resident of a Boise city housing complex claimed that after he made a complaint to the management about maintenance, the city retaliated against him by filing eviction notices.

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.

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.

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.

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.

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.

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...