Recent Court Rulings

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Facts: After the death of a Section 8 resident, an owner sought to evict a person living in the unit. The occupant claimed succession rights and tried to prove that he lived with the tenant for more than a year before she died from cancer, and that they were involved in an emotionally and financially committed nontraditional family relationship, thus entitling him to succeed to the lease for the unit. The occupant asked the owner to provide:

Facts: A former Section 8 resident sued the local PHA and an owner for alleged housing discrimination and breach of contract. The resident claimed that after making written promises to transfer the resident to a new unit free of dangerous inhalants, the owner refused to deliver keys to the new unit.

The resident had sought medical assistance for shortness of breath, which she believed was caused by mold in her unit. She was advised by a doctor not...

Facts: A resident was terminated from the Section 8 program after the PHA investigated her marital status. The resulting report concluded that she was married and didn’t provide true and correct information about her marital status on two annual questionnaires. The PHA notified her that it was terminating her from the Section 8 program on the grounds of fraud and failure to report her marriage t...

Facts: A local PHA sued its former accountants, seeking to recover losses from their alleged negligent failure to detect the fraudulent conduct of its former executive director and former finance director. The former executive director’s employment agreements established his annual salary at $107,000 for the 2001 fiscal year. The PHA was required to submit annual budget reports to the Department of Housing and Community Development (DHCD) for appr...

Facts: A local PHA sent a resident a notice of the termination of her participation in the Section 8 program. The PHA claimed that the resident improperly permitted an unauthorized occupant to reside with her and this occupant violated the rule against criminal activity by committing the crimes of terroristic threats, harassment, and disorderly conduct. The resident requested a hearing to challenge the PHA’s decision.

Facts: An owner sued the city over a new law that bars owners from screening out prospective tenants who use Section 8 vouchers. Under the new rules, owners can screen prospective renters but can no longer stipulate that Section 8 tenants aren’t allowed. The ordinance grants reprieve for landlords who can show compliance would create an “undue hardship,” though only after a discrimination claim is filed with the city’s Civil Righ...

Facts: A Section 8 resident signed a HUD model lease for a unit. The term of the lease was for one year, and the resident remained in the unit after the first year on a month-to-month basis. The owner filed for eviction based on the nonpayment of rent in the amount of $1,402.

Facts: A resident of a HUD-assisted site received a rent subsidy that reduced her monthly portion of the rent to $139 of the total rent of $532. The owner sent the resident a “Notice of Termination of Lease” informing her that her lease would be terminated effective Dec. 31, 2016.

Facts: A resident applied for the Section 8 program through the Veteran’s Administration Medical Center (VAMC), and the Veteran’s Affairs Supportive Housing (VASH) program screened and approved him. The resident entered into a Housing Assistance Payment (HAP) contract with a private landlord. Under the HAP contract, the resident agreed “not to permit or act or practice illegal or legal acts injurious to the building, or persons, or in ...

Facts: Following nonpayment of rent, a local PHA served a subsidized housing resident with an eviction notice. On the hearing date, the parties entered into an agreement that suspended the eviction action on the condition that the resident make a fixed monthly payment for use and occupancy and for past rent due. The parties agreed that if the resident failed to adhere to the payment schedule, the PHA could revive the eviction action.