Recent Court Rulings

RSS

In a recent case, a public housing authority in North Carolina failed to evict a nonpaying resident because it couldn’t show evidence of the existence of a lease termination notice.

In a recent case, a site owner sought to remove a former tenant’s daughter from the site. The owner argued that the daughter isn’t a tenant and has no legal right to remain in the apartment.

The site is financed through HUD’s Section 202 Supportive Housing for Elderly Persons program. Under the terms of a Regulatory Agreement between the owner and HUD, the owner agreed to limit occupancy of the project to elderly families and individuals as defined in Section 202 of the Act.

In a recent case, a resident asked the court for a preliminary injunction—that is, an order before the trial—to halt a PHA’s eviction case against him. The case involves a request for reasonable accommodations for an emotional support animal and a PHA’s routine eligibility recertification process that all residents must complete annually.

HUD says owners may terminate tenancy for any of the following types of criminal activity by a covered person (that is, a tenant, household member, guest, or other person under the tenant’s control):

1.       Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); or

In a recently decided case, a court found that a public housing agency (PHA) couldn’t evict a resident because the PHA didn’t strictly comply with the state’s notice-to-vacate requirements. Under Texas state law, for a tenant under a written lease, the owner must give the defaulting tenant at least three days' written notice to vacate before filing an eviction lawsuit, unless the parties have contracted in writing for a larger or smaller notice period.

In a recently decided case, an owner of a HUD-subsidized building failed to evict a resident because the owner’s pre-termination notice wasn’t specific enough. Owners must furnish a proper lease pre-termination notice letting residents know exactly what they did wrong. If the notice isn’t clear and specific enough, it will be deemed defective. And if the notice is defective, you won’t be able to evict the residents no matter what violation a resident commits.

The manager’s thorough documentation and testimony were key.

Facts: An Illinois PHA terminated a resident’s housing assistance for violating a family obligation under the voucher program. The PHA tried to inspect her unit at two different times for an annual inspection. The resident wasn’t present for the two inspections, and the PHA terminated her voucher benefits.

Facts: When a resident first leased her unit, she listed five people as members of the household.

So why is the moratorium still in effect?

On Feb. 25, an Eastern District of Texas federal judge ruled that the Centers for Disease Control and Prevention’s (CDC’s) national eviction moratorium is unconstitutional. The moratorium was implemented by the CDC in September 2020 and was recently extended by the current CDC director, Dr. Rochelle Walensky, until March 31, 2021. Even with the decision, the eviction moratorium remains in effect, bringing additional confusion to renters and owners alike on the issue.