5.3 Recertification of Income

Holly v. Housing Authority of New Orleans.1  Section 8 termination reversed. Court found that tenant did not violate any obligation to inform PHA of changes in family composition by failing to report short-lived marriage. Court ordered PHA to provide tenant with new Section 8 certificate and pay compensatory damages.

Housing Authority of New Orleans v. Jones.2  A public housing tenant who refuses to provide information about earnings or family composition or to otherwise cooperate with the annual recertification process was in violation of her lease and could be evicted.

Versailles Arms Apartments v. Granderson.3  A HUD multifamily complex tenant who refused to recertify his income or family composition for the annual recertification process engaged in material noncompliance with the lease and could be evicted for such noncompliance.

George v. Housing Authority of New Orleans.4  While tenants must cooperate with the recertification process, this consent judgment established the right of Section 8 tenants not to have their rental assistance delayed or denied due to delays with third-party verification of employment income during the recertification process.

  • 1 684 F. Supp. 1363 (E.D. La. 1988).
  • 2470 So. 2d 144 (La. App. 4 Cir. 1985).
  • 3386 So. 2d 1039 (La. App. 4 Cir. 1980).
  • 4No. 88-461 (E.D. La.), 24 Clearinghouse Rev. 1291 (Mar. 1991).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.