Don’t Make This Fair-Housing Mistake When Tenants Port-In

Friday, March 10, 2017

Offering an olive branch won’t mean that the tenant no longer faces harm

Backtracking on a decision to deny a reasonable accommodation won’t help you if the tenant has already filed a complaint in court. This is how one public housing authority (PHA) learned this lesson the hard way.

Look out: Reasonable Accommodations Do Travel

Background: In March 2013, the Montgomery County, MD Housing Opportunities Commission issued Angelene Hardaway a two-bedroom housing voucher for herself and a live-in aide to care for her. Angelene provided a medical form showing that she had a disability and required a live-in aide. Angelene’s sister, Lena Hardaway, served as her aide.

Two months later, the Hardaways decided to move to the District of Columbia and relied on the voucher portability rules to carry over eligibility. The Hardaways obtained a two-bedroom voucher from the District of Columbia Housing Authority (DCHA) and moved into a two-bedroom apartment.

Shortly after moving in, the Hardaways received a letter from the DCHA revoking Angelene’s right to a live-in aide and her entitlement to a two-bedroom voucher. The Hardaways then filed a complaint in district court seeking damages and injunctive relief, alleging that the DCHA unlawfully denied Angelene’s...

 

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