Recent Court Rulings

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Facts: After getting a report that a resident who received Section 8 housing assistance had committed an assault and robbery, the Omaha Housing Authority terminated the resident's lease. When the resident didn't vacate the premises as requested, the housing authority sued to evict him. The housing authority also terminated his housing assistance benefits.

Facts: A resident sued the owner to force the owner to accept the resident's Section 8 subsidy. The resident claimed that the owner refused to sign a lead paint disclosure form, which the local housing authority needed to process the resident's Section 8 benefit application. The owner claimed that it gave the resident a lead paint disclosure certification when the resident moved in and wasn't required to provide any further lead paint notice. The cour...

Facts: The owners of a Section 8 site declined to renew the contracts with their residents and sought instead to raise rents to the fair market rate. The residents sued, asking the court to force the owners to accept their Section 8 vouchers and prevent the owners from evicting residents for nonpayment of the full market-rate rent.

Facts: A prospective resident sued to compel the New York City Housing Authority (NYCHA) to reinstate her Section 8 housing voucher and to enforce a lease agreement she signed for a unit. The applicant had received a 180-day Section 8 voucher in July 2009. NYCHA located a unit for the applicant on Nov. 17, 2009, and advised her that she had to pay $375 within five days or lose the unit. The applicant didn't contact NYCHA until Dec. 14, and was then told that ...

Facts: The New York City Housing Authority (NYCHA) terminated a household's tenancy for nondesirability and breach of the house rules and regulations, based on the resident's objectionable conduct. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable.

Decision: The court ruled against the resident.

Facts: The New York City Housing Authority (NYCHA) determined that a resident had illegally sublet her unit without NYCHA's consent. The resident appealed NYCHA's decision, claiming that it was unreasonable. The court found the penalty too harsh and put the resident on probation for one year. During that period, a subtenant came forward and complained that the resident kicked her out of the unit where she was subletting a room. NYCHA again terminated the ...

Facts: A public housing authority (PHA) decided that a resident's adult son should be excluded from the resident's household based on his 2007 criminal charges. The resident appealed, claiming that the PHA's decision was arbitrary and unreasonable.

Ruling: A New York court ruled for the resident.

Facts: A resident of a low-income housing site in the Virgin Islands complained to the owner that the water at the site was burning his face and eyes and smelled of Clorox. According to the resident, the owner responded that the resident was always complaining that the water was always either too green or too chlorinated, and he should choose which way he wanted it.

Facts: A resident sued the New York City Housing Authority (NYCHA) and its contractor for negligence after slipping and falling on black ice on the walkway in front of her building. NYCHA and its contractor, which had installed a sidewalk shed in front of the building, asked the court to dismiss the case. The court refused, finding a trial was needed to determine the facts. NYCHA and the contractor appealed.

Ruling: The appeals court ruled for NYCHA ...

Facts: The owners of four multifamily housing sites that receive Section 8 assistance claimed that a South Dakota public housing authority (PHA) violated their housing assistance payments (HAP) contract.