Recent Court Rulings

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Facts: On March 4, 2013, a local PHA sent a notice of termination of Housing Choice Voucher benefits to a resident. The letter indicated that her benefits were being terminated because she had failed to report in writing within 30 days of an increase in household income or new income for any family member. The notice stated that she hadn’t reported her daughter’s employment and income, which began in March 2012.

Facts: For nearly a decade, Westchester County, N.Y., has been engaged in litigation with HUD over whether the county has adequately analyzed—in its applications for HUD funds—impediments to fair housing within the county’s jurisdictions.

Facts: In 2001, a resident began renting a unit at a site owned and operated by the local PHA. In early February 2008, the resident requested that certain repairs be made to his unit and reported that mold was growing under the sink. The completed work order indicates that the mold was treated.

Facts: A resident rented a unit at a federally subsidized site for a number of years. In March 2013, the owner notified the resident that, because of numerous lease violations, it was terminating her lease effective April 12, 2013, and directed her to vacate the unit by that date.

Facts: An independent contractor sued the owner of an assisted site for injuries she suffered when she fell through a second-floor bathroom. The site manager had called the contractor, who owned and operated a business that performed cleaning and repair services, after a resident had filed a HUD complaint. The resident had complained that the unit had a mold problem that was making her children sick, as well as a water leak and an issue with the bathtub. The manager asked the contractor to look at the unit.

Facts: An owner participating in the Housing Choice Voucher (HCV) program sued the local housing authority for allegedly violating his first amendment rights by retaliating against him for opposing its improper conduct.

Facts: A New York county that had been a recipient of Community Development Block Grant and other federal housing funds asked a court to review the final administrative determinations by HUD to withhold those funds from the county for the 2011, 2013, and 2014 fiscal years.

Facts: An owner of a 52-unit site obtained a mortgage from an FHA-approved lender. The mortgage was secured as part of HUD’s Section 236 program. The Section 236 program insures loans to private developers in exchange for their commitment to provide low-income housing. As part of the Section 236 program, HUD also provides interest-reduction payments to FHA-approved mortgagees on behalf of the mortgagors.

Facts: A Section 8 resident sued a local PHA for terminating her voucher. She claimed that the PHA terminated her voucher without cause and without an opportunity for a hearing, in violation of the due process clause of the Fourteenth Amendment.

Facts: A resident with glaucoma asked the PHA for increased lighting in her unit no later than Nov. 8, 2012.