Maximizing Recoveries in Section 8 Housing Cases

Section 8 housing, or “affordable housing” complexes, are subsidized by the federal government and governed by U.S. Housing & Urban Development (HUD) regulations. The regulations require housing complexes to be “decent, safe, sanitary and in good repair” (24 CFR 5. 703), yet people are being injured in these places.

Cases involving Section 8 housing are worth investigating, particularly if a catastrophic injury has occurred. These cases can involve large corporations that provide incredibly substandard services, often resulting in serious injury to residents, even death.

Types of Claims

Section 8 housing cases can present a variety of premises liability claims involving different theories of recovery.  Claims can include: inadequate security leading to injuries from battery, sexual assault or gunshots; failure to maintain critical equipment such as emergency call-for-aid systems or fire detectors; failure to maintain a safe/sound structure; and other claims.

Inspections of affordable housing complexes typically are not carried out by government employees; rather, they are performed by independent contractors who bid for the jobs. As a result, issues such as inadequate security or inoperable equipment may go unresolved for years either by the owner’s willful neglect or negligent monitoring of third party inspectors.

Litigation Tips

Based on recent experience, the following three tips can help maximize results in Section 8 housing cases. 

1.       Determine that the housing in question is, in fact, Section 8 housing – that is privately owned housing funded under Section 8 of the Housing Act of 1937 rented to qualifying individuals at a highly discounted rate (e.g., people with very low income; people with disabilities; and older adults). 

2.       Carefully review the numerous Section 8 housing regulations to determine what regulations, if any, were violated. 

3.       Identify similar violations or occurrences that provided notice of danger to the housing’s owner, manager or employees prior to the plaintiff being harmed. 

Langdon & Emison recently obtained substantial recoveries for its clients utilizing these steps in cases involving Section 8 housing complexes. For assistance evaluating premises liability claims involving Section 8 housing, contact our firm at 800-397-4910. 

About Langdon & Emison

Langdon & Emison is recognized as one of the nation’s leading law firms, having taken on some of the world’s largest corporations in personal injury litigation. With offices in Lexington and Kansas City (Mo.), St. Louis, and Chicago, the firm represents injured people and their families in courtrooms from coast to coast. During 30 years of practice, the firm has earned a national reputation as a leader in auto defect cases, trucking accidents and a full array of personal injury litigation.