Recent Court Rulings

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Facts: An elderly Section 8 resident with Alzheimer’s disease rented a studio apartment at a senior living community. After her diagnosis, based on her disability, she requested a reasonable accommodation to move “to preferably a two bedroom to accommodate a live-in caregiver or possible one bedroom.”

Facts: A Section 8 resident sued the owner and the local PHA for allegedly unlawfully evicting her from an apartment in retaliation for filing a small claims lawsuit against the owner. The resident asked a federal district court to reverse the eviction and require the PHA to reinstate her Section 8 voucher.

Facts: A public housing resident was arrested and charged with simple assault and terroristic threats as a result of an incident that occurred in a courtyard outside of an apartment at another site, approximately 1.2 miles from her residence. The complaining witness told police that the resident punched her face several times, drew a small black handgun from her pocket, pointed it at her face, and screamed “I’m going to kill you!”

Facts: A Section 8 voucher holder sued a local PHA for terminating his participation in the Section 8 voucher program. The resident initially received a voucher for a one-bedroom apartment but desired a two-bedroom voucher, asserting that he’s disabled and requires an additional bedroom to accommodate a live-in aide or extended visitor to help care for him. He made a “reasonable accommodation” request.

Facts: A Section 8 resident lives with her severely disabled adult daughter. As a Section 8 participant, the resident receives a monthly rent subsidy, or “housing assistance payment,” the size of which varies depending on her income. The family also participates in a state social services program designed to help incapacitated persons avoid institutionalization. The In-Home Supportive Services (IHSS) program compensates those who provide care for aged...

Facts: A resident sued HUD, alleging physical and economic injury resulting from deficient maintenance of her housing complex. The resident claimed that the site’s management and the local PHA didn’t respond to her complaints regarding “a broken refrigerator, water leakage and damages, serious mold, bed bugs, roaches, structural, electrical, and other issues.” She claimed that their failure to respond to her complaints caused her...

Facts: A group of residents sued the New York City Housing Authority (NYCHA) in federal court for familial discrimination and allegedly depriving them of their property right to a habitable residence free from dangerous conditions. They asked the court to appoint an independent monitor to oversee NYCHA’s lead-based paint remediation efforts.

Facts: A group of residents filed a class action lawsuit against a PHA. The residents claimed that the PHA’s actions with regard to the site’s bedbug infestation amounted to a violation of their due process rights. They claimed that the PHA’s extermination methods exacerbated the infestation and injured the residents.

Facts: In March 2012, a resident and her four children died after a fire spread from the kitchen of their apartment. The estate of the deceased sued the local PHA for negligence and wrongful death. They claimed that the PHA failed to ensure that “properly working and accessible smoke alarm/detectors were properly installed in the decedent’s apartment unit.”

Facts: A former resident sued the local PHA and its property manager for retaliating against her in violation of the First Amendment for participating in tenant advocacy activities. The resident was involved in organizing tenants at the public housing site from 2010 until 2012 to protest a proposed mandatory drug-testing program for public housing residents.