Recent Court Rulings

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Facts: An applicant filed a complaint against the Bayonne Housing Authority (BHA), claiming that it unlawfully discriminated against him on the basis of his disabilities when, upon his request for a Section 8 housing voucher, it didn't put him at the top of the applicant list.

BHA had notified the applicant, who was not a resident of Bayonne, that his name had been placed on the waiting list, but that first preference would be given to Bayonne residents, which would subject him to a long wait.

Facts: The New York City Housing Authority (NYCHA) charged a resident with chronic rent delinquency. At a hearing, the assistant site manager testified that the resident had not paid rent for almost two years.

The resident testified that NYCHA “listed” her as a “move-out” since she transferred to another unit, and she hadn't received any rent statements for several years. She also testified that the management office changed her lock and that she was on disability during the time period when she didn't pay rent.

Facts: A Minnesota resident received Section 8 housing assistance and additional benefits for a live-in aide, who also owned the unit in which they resided. On the application for assistance, the resident identified the live-in aide as a household member, but didn't disclose that she also owned the unit. When the housing authority learned that the live-in aide also was an owner, it threatened to terminate the assistance. The resident requested a hearing.

Facts: The owners of multifamily housing sites sued the Maine Housing Authority for failing to automatically increase their Section 8 rental subsidies on an annual basis pursuant to their housing assistance payments (HAP) contracts. The housing authority asked the court to dismiss the case against it.

Decision: The court denied the housing authority's request.

Facts: Two married African-American residents, including a husband with a disability, claimed that the Section 8 unit in which they live failed to meet housing standards and that the Housing Authority of South Bend (HASB) didn't remedy the conditions they complained about.

Facts: A resident sued the City of New York and HUD, claiming that the condition of her unit and building deteriorated despite her repeated complaints. She claimed that the owner didn't comply with the Section 8 inspection requirements. Specifically, the resident described having to break a window to get into her unit because her doorknob was broken. She also claimed there was a conspiracy between other residents and site management regarding site conditions.

HUD asked the court to dismiss the case without a trial.

Facts: Two site owners sued the Illinois Housing Development Authority (IHDA), alleging that IHDA breached its housing assistance payments (HAP) contracts by: failing to increase contract rents or by raising contract rents by less than the amount called for in the HAP contracts; reducing the automatic Annual Adjustment Factor (AAF) by .01 for units occupied by the same family in consecutive years; and requiring the submission of rent comparability studies without compensating the owners for the costs incurred in the submission of those studies.

Facts: Employees of the New Orleans Housing Authority claimed that HUD improperly exempted the housing authority from Louisiana civil service laws and that the Louisiana Civil Service Commission (LCSC) improperly acceded to HUD's action, which resulted in the government agencies discriminating against them. The federal district court ruled in favor of HUD, dismissing the case. The employees appealed.

Decision: The appeals court upheld the lower court's decision in favor of HUD.

Facts: An owner sued to evict a Section 8 resident who failed to pay his portion of subsidized rent for two months. The court ruled for the owner based on the resident's default, but later reopened the case. The resident got a commitment from the local department of social services (DSS) to pay the unpaid rent. However, the owner wouldn't provide a W-9 form and proof of a tax identification number needed to complete the paperwork. The owner then obtained a second eviction warrant based on the resident's nonpayment.

Facts: A New York City site owner sued to evict a HUD Section 202/8 resident based on his objectionable conduct. The owner and resident signed a settlement agreement in court. A judgment and eviction warrant were issued, but stayed for a two-year probation period. The resident agreed not to physically or verbally assault anyone. The owner later went back to court and asked for immediate eviction based on the resident's violation of the settlement agreement. After a hearing, the court ruled for the owner. The resident appealed.