Recent Court Rulings

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Facts: A resident sued an owner for fraud and concealment based on alleged misrepresentations made when the resident was a prospective tenant looking to rent a unit at the site. In November 2008, at the time the resident was looking at an apartment, he “made several inquiries about the quietness and crime in the neighborhood,” and an employee informed him that there was very little criminal activity and only mentioned “occasional noise...

Facts: A site manager notified an applicant that her application for housing wasn’t accepted “because a credit check has revealed that [she] ha[s] a negative credit history[,]” which was “verified through TransUnion.” The credit report referenced in the manager’s letter indicated a “high risk fraud alert” for the applicant, apparently because her “current file address does not match input address(es).” ...

Facts: One night, a site manager observed a resident’s guests arriving at the site in an impaired state, and unwilling (or unable) to cooperate with security. An on-site police officer who served as the community liaison to the local PHA, conducted an investigation into complaints about guests. As he approached the resident’s apartment, he heard loud voices coming from inside and smelled the odor of “some sort of substance.”

The administrator of an estate of four family members who died in an apartment fire sued the local PHA and the fire department for negligence. The apartment had only a single point of ingress and egress, namely, a second-floor door that opened onto a porch and an external staircase. Because the building lacked fire escapes, the only means of leaving the apartment was through that door.

Facts: A nonprofit corporation owns a site for the elderly that was financed by HUD. With the financing, the corporation entered into a Project Rental Assistance Contract with HUD in which the corporation agreed to provide housing for low-income elderly persons at the property, and HUD agreed to provide monthly subsidies to “[to] cover the difference between [owner’s] Operating Expenses and tenant payments as determined in accordance with th...

Facts: A public housing resident sued the local PHA for initiating eviction proceedings against him without first providing him with a grievance hearing or due process. Under his lease, based on the resident’s reported income (which was zero), his initial monthly rent was calculated as negative $44. In other words, he was permitted to occupy the premises for free, and he received a monthly stipend toward utility services of $44.

Facts: A resident association of a Section 8 site asked a court to set aside HUD’s decision to abate the site’s Housing Assistance Payments (HAP) contract. When HUD abates and terminates a project-based Section 8 contract, residents living at the property are given the opportunity to apply for a tenant protection voucher.

Facts: A Section 8 resident’s son and his dog lived with the resident. The dog never attacked another person or pet, but it did display aggressive behavior towards other dogs and people—including lunging, flaring up, rearing on its hind feet, and baring its teeth. In addition, the dog often went “crazy” when other residents or dogs passed by the resident’s apartment. The resident told a neighbor that the dog was trained as ...

Facts: A Section 8 voucher resident lived in an apartment with her five children. In February 2014, she was notified that her benefits under the program were being terminated due to alleged violations of the program rules. After an administrative hearing, the determination to terminate her benefits was confirmed based upon the finding that she was obligated, but failed, to request permission to add an occupant to her subsidized apartment.

Facts: A Section 8 resident was issued a voucher by the local PHA. After an annual inspection, the PHA determined that resident’s unit didn’t meet the Housing Quality Standards required under federal regulations, and it gave notice to the resident that the vouchers to her landlord would be terminated. The resident then sought approval from the PHA to move to a new residence.