Recent Court Rulings

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Facts: A PHA charged a resident with nondesirability based on her son’s possession of marijuana in the unit. The resident had leased the unit as the only named tenant. The charges were settled pursuant to an agreement in which the resident agreed to exclude her son from the unit. Under the terms of the agreement, the resident’s tenancy was placed on probation for five years.

Facts: A native Spanish-speaking resident with limited English proficiency claimed that despite numerous requests to the local PHA to provide language translation services, she had been rebuffed each time. As a result, all major communications, as well as her lease, had been provided to her in English only, and neither the owner nor the PHA provided translation services.

Facts: A resident’s dog attacked a woman as she walked by the site on a roadway. The dog-bite victim sued the site owner for negligence for failing to: (1) adequately screen his residents; (2) enter into an agreement whereby the residents were prohibited from having and keeping vicious dogs; (3) adequately inspect the premises; and (4) comply with legal requirements under state and federal law for ownership of rental property; as well as “other specifications of negligence to be proven at trial.”

Facts: A Section 8 resident lived in her unit for 26 years, since she came to the United States from Afghanistan. On Nov. 16, 2009, she met with the PHA, after it issued a notice that her Section 8 assistance would be suspended or terminated, due to inaccurate financial information on the annual recertification forms.

Facts: In the late 1990s, a resident became employed for the first time as a bookkeeper. But she failed to disclose her new earnings to the site owner, each year stating in an affidavit of income that she didn’t work. This omission allowed her to pay a substantially lower rent than she would have had she revealed the income.

Facts: A resident filed a complaint with the New Jersey Division on Civil Rights (DCR) against the owner for housing discrimination based on her race and her disabilities. She claimed that the management company treated her differently in the way it calculated a one-time subsidy for utility payments. She received a one-time annual utility credit in the amount of $225 from Life Line Credit Program of the State of New Jersey. The management company counted this subsidy toward her applicable annual income when calculating her monthly rental payment.

Facts: A local housing authority denied a granddaughter’s request to succeed as a remaining family member to the unit formerly leased to her deceased grandmother. She’s 29 years old and claimed to have moved into her grandmother’s unit when she was 3 years old. She also claimed to have continuously resided in the unit since moving in.

Facts: A former employee sued the housing authority to recover unpaid wages and benefits allegedly owed to him under the Davis-Bacon Act. This federal law establishes the requirement for paying the local prevailing wages on public works projects. It applies to “contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.”

Facts: A resident sued the owner, manager, and security guard for allegedly violating her rights under the Fair Housing Act. One morning, the site’s security guard detained three young boys who had placed traffic cones in the street and told them to sit on the curb while he contacted their parents. Seeing these events, the resident approached the guard, who asked if she was a parent to one of the boys. She said she was not.

Facts: A former resident sued the local housing authority for allegedly violating her due process rights when it terminated her Section 8 assistance after an informal hearing. The hearing officer found that the resident’s husband had been living as an unauthorized occupant in her unit while she was receiving assistance.