Recent Court Rulings

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Facts: Trade associations representing cable operators and apartment building owners sued in federal court in Washington, D.C., to overturn an order of the Federal Communications Commission (FCC) banning exclusivity agreements between cable companies and owners of multiple-unit buildings. In October 2007 the FCC ruled that the agreements, in which site managers give one company the exclusive right to provide cable service to their residents, unfairly dampened competition in the cable market.

Facts: After two resident shareholders in a cooperative housing development in Bayside, N.Y., acquired a dog, in violation of the cooperative's no-dogs policy, the development began eviction proceedings. The residents complained of discrimination, seeking to keep the dog as a reasonable accommodation. They presented evidence from health care providers showing that having a dog in the unit helped ameliorate their symptoms of depression.

Facts: After police found crack cocaine, powdered cocaine, and drug paraphernalia in a public housing unit, the Housing Authority of Covington issued a notice of eviction to the resident. The resident claimed that she had no knowledge of drugs in her apartment and had not put them there. Her nephew, who visited from time to time, had. After learning of his arrest, she informed him to stay away, and he had not returned. However, the housing authority proceeded with the eviction, and the resident challenged the action in court.

Facts: The City of Joliet, Ill., condemned a subsidized multifamily complex it believed to be so run-down that it constituted a public nuisance. The owners of Evergreen Terrace went to court to stop the city's condemnation, arguing that because the complex is a Section 8 development, federal law barred the city from acting. After the court ruled that Section 8 of the Housing Act of 1937 [42 U.S.C. §1437f] does not preempt local law, HUD intervened in the case.

Facts: A housing authority terminated Section 8 rental assistance after a voucher holder was involved in a violent altercation with a neighbor. Although the voucher holder had not been convicted of any crime, he had been charged with two felony counts of aggravated assault. Believing the resident's claim of self-defense, the manager of the private rental complex decided not to evict the resident based on the incident. However, the housing authority that issued the voucher and subsidized the unit rent decided to terminate assistance once the criminal charges were filed.

Facts: An applicant for a rental unit in Tonawanda, N.Y., alleged that a site manager denied her housing because she has a family with children. After seeing a for-rent sign outside the Sherwood Terrace Apartments, the prospective renter spoke with the site manager by telephone and made an appointment to see a unit. When the site manager first saw the applicant, he asked if the two children accompanying her would be living with her. She said they would.

Facts: A public housing resident sued the New York City Housing Authority (NYCHA), claiming that the agency inadequately maintained garbage facilities at her building and created hazardous conditions for residents at the garbage collection site. The resident, who claims she is disabled, also alleged that NYCHA failed to accommodate her disability by keeping the elevator in her building in working order. The resident said that she is unable to walk without assistance and cannot reach her 14th-floor apartment by climbing the stairs.

Facts: A New York resident used a Housing Choice Voucher provided by the New York City Housing Authority (NYCHA) to subsidize his rent for a unit in a privately owned apartment building in the Bronx. The resident, who claims he is disabled and unable to walk up or down steps, went to court alleging discrimination against him as a disabled individual. He told the court the building's owner failed to provide him access from his apartment on the fourth floor to the street-level entrance between 5 p.m. and 8 a.m. each day.

Facts: An applicant for public housing in Omaha claimed that she had been unfairly denied participation in the program. The Omaha Housing Authority notified the applicant that she was ineligible for benefits based on the results of a criminal background check performed by the agency. The applicant was unaware of the charges against her at the time of her application, and she has subsequently not plead guilty to or been convicted of the two felony forgery charges against her. The applicant sued the agency, claiming that it violated due process in denying her application.

Facts: A site manager in North Carolina complained to police about possible drug activity in a unit. When police arrived, the resident consented to a search. After the police claimed to find drug paraphernalia and traces of drugs in the unit and wrote a citation against the resident, the site manager sought to evict her. The resident, who rented under a Section 8 subsidy, challenged her eviction in court, claiming that the site had not given her a proper notice of termination as required under federal regulations and her lease.