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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.
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...
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.
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.”
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...
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