In a recent case, a Section 8 owner wasn’t able evict a nonpaying resident because the owner had renewed the resident’s lease while the resident was in arrears from a previous lease term. According to a New Jersey trial court, the owner’s decision to renew the resident’s lease while there was unpaid rent constituted a waiver of the right to evict the tenant for nonpayment. 

An evicted resident sued the local housing authority for discrimination and violation of due process. The various claims against the PHA related to two eviction attempts against the former resident. One eviction attempt was in 2021 and the other was in 2022. The 2021 eviction was initiated after the resident allegedly allowed a banned individual into her apartment. The resident asserted protections under the Violence Against Women Act (VAWA) as a victim of domestic violence. And the 2022 eviction was based on her use of medical marijuana in her unit, which violated the housing authority’s policies, despite marijuana’s legal medical use in the state.