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

Recent Court Rulings
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Owner Not Required to Give Resident Opportunity to Cure Criminal Conduct

Jan 15, 2019

Facts: A site owner gave a resident notice that it was terminating his lease at the end of the monthly renewal period.

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PHA Not Liable for Section 8 Resident's Short-Term Fees

Jan 15, 2019

Facts: A Section 8 resident sued the local PHA for allegedly violating his rights by not including in its subsidy for voucher tenants month-to-month or short-terms fees that some owners charge.


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Court Denies Government's Proposed Settlement for NYCHA Violations

Dec 11, 2018

 Facts: The U.S. government asked a court to approve a proposed consent decree or settlement without admission of liability with the New York City Housing Authority (NYCHA). The decree sought to bring organizational reform to NYCHA and correct its systemic violations of federal health and safety regulations.


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Remaining Widow Doesn't Qualify for Elderly Housing

Nov 19, 2018

Facts: A Section 202 site that provides supportive housing for the elderly sought to evict the wife of a deceased resident. She moved into the unit with her husband in May 2004 and lived there continuously for the past 14 years. Her husband, the tenant of record and head of household, died in September 2013 when his wife was 55 years old. She is currently 60 years old. HUD regulations define “elderly” as 62 years of age or older at the time ...

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Applicant Submitted Voucher Documents Past Expiration Date

Nov 19, 2018

 Facts: An applicant sued a caseworker in her official capacity as an employee of the PHA. The applicant was issued a Section 8 voucher on Oct. 18, 2017, and was given 60 days to find housing for him and his family. He claimed that he found housing on Dec. 16, 2017, signed a tenancy agreement, and paid a deposit.

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PHA Not Required to Add Non-Resident to Household

Oct 16, 2018

Facts:  In March 13, 2009, a site’s management office received a “Request for Permanent Permission” on behalf of a resident to allow her grandson to permanently join her household. The reason for the request was that he “recently moved in with me to care for me and help me in my old age. He is helping me every day with my companionship from which I suffer lately. Since I l...

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Owner Discriminated by Refusing Reasonable Accommodation

Sep 24, 2018

Facts: A disabled Section 8 resident claimed the site owner discriminated against her on the basis of her disability by refusing to allow her sister and primary caretaker to live in her unit.


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PHA Didn't Take Away Voucher Holder's Property Interest

Sep 24, 2018

Facts: In late August 2017, a resident with a Section 8 voucher began house-sitting for her daughter while the daughter attended a funeral. The resident returned to her unit briefly on Sept. 4 and 11 and then returned permanently on Sept. 29. During the period the resident was away from her unit, the PHA tried to schedule two inspections of the unit. She didn’t receive either notice with sufficient time to be present for the scheduled inspections....

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Resident Evicted for Repeated Minor Violations

Sep 12, 2018

Facts: An owner sought to evict a resident from a HUD-subsidized apartment for material lease violations. A code enforcement officer for the city appeared as witness for the owner and testified that, after receiving a police-initiated complaint, he inspected the resident’s unit on Oct. 14, 2017. He observed minor problems, including roaches, a faulty smoke detector, a broken dishwasher, and the odor of cat urine. The issues were addressed, and the...

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Enhanced Voucher Holders May Remain at End of Lease Term

Sep 12, 2018

Facts: In 1982, a resident and her son moved into a project-based Section 8 site. A few years later, they were joined by the resident’s granddaughter. The resident lived in the unit until her death in 2015. And her granddaughter continues to live there, now with her three minor children.


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