Recent Court Rulings

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Facts: A disabled resident sued the local PHA for alleged 14th Amendment violations. He claimed that the PHA failed to provide safe and habitable housing by failing to protect him from his neighbors’ unwanted contacts and the obstacles his neighbor placed on the sidewalks near his apartment.

Facts: A resident who qualified for a Section 8 housing subsidy signed a lease agreement identifying her as the sole occupant of the unit. In March 2015, the owner issued a notice demanding the resident cease activity that violated the lease.

Facts: A resident sued an owner for unlawful discrimination and retaliation in violation of the Fair Housing Act. The resident claimed that the property manager discriminated against her because she is a Jehovah’s Witness and retaliated against her after she filed religious discrimination complaints with HUD and the state’s Human Rights Commission.

Facts: For her entire life, a resident has lived in a subsidized apartment. Her mother, the previous leaseholder, kept a dog in the apartment prior to her death in August 2013. After her mother’s passing, the resident obtained legal guardianship over four of her nieces and nephews, who also were living in the apartment.

Facts: A resident and his fiancé sued an owner for housing discrimination on the basis of race, color, national origin, age, and familial status. The complaints were based on certain exchanges they had with property management and staff. According to the lawsuit, a maintenance technician “repeatedly insult[ed]” the resident “in the presence of other residents.” In April 2015, they wrote to the regional manager to request that the maintenance technician be terminated.

Facts: In early 2013, federal government cuts in discretionary spending resulted in a $21 million reduction in funding for a local housing authority’s voucher program. To address this decrease in funding, the housing authority made significant revisions to its administration of the Section 8 program.

Facts: A Section 8 resident sued the local PHA and its executive director based on their termination of her voucher. She asserted a violation of her due process rights and violations of her right to a reasonable accommodation for her son’s disability. She also asked the judge for a Temporary Restraining Order and a preliminary injunction seeking reinstatement of her family’s Section 8 voucher while this lawsuit is pending.

Facts: A group of Section 8 owners sued the local PHA for breach of their housing assistance payment (HAP) contracts. Under these contracts, the tenants are required to pay a percentage of their income to the owners, the housing agencies pay the remaining rent, and HUD reimburses the housing agencies.

Facts: A Section 8 applicant sued the local PHA and HUD for placing him on the waiting list for Section 8 housing. The applicant claimed that he suffers from various mental disabilities. He alleged that his placement on the waiting list violates his rights under the Equal Protection and Due Process Clauses of the United States Constitution.

Facts: A Section 8 resident sued the management company for unjust enrichment. She claimed that the company raised her rent without authorization and unjustly retained money paid to the company by HUD on her behalf.