Omaha Housing Authority facing federal class-action lawsuit alleging several violations

OMAHA, Neb. (WOWT) - The Omaha Housing Authority is now facing a federal class-action lawsuit.

Several tenants believe OHA withheld information that would have saved them money and prevented some evictions. The suit covers past and present tenants who were allegedly affected.

The suit alleges OHA did not inform tenants the agency could waive the minimum monthly rent of $50 if families were experiencing financial hardship. It also alleges OHA not only hid the information about the exemption - but went on to add late fees and even filed eviction proceedings if tenants couldn't pay.

"So minimum rent is $50 a month, late fees on the minimum rent then it's $25," said attorney Diane Uchiumiya. "I think to a lot of people (it) doesn't sound like a lot, but if you don't have the income, then you look at it, that's 50% of my rent."

The other issue the suit alleges - tenants who had their rent increased were not offered an informal or formal hearing as required by law.

"There were people who were in eviction proceedings who were being denied that information about that statutory right, and so people end up in eviction instead of, again, being given these statutory rights that are provided for under federal housing law."

The suit alleges OHA has been and continues to violate federal law - and that those violations have been going on for several years.

"The Omaha Housing Authority, we allege, didn't provide a notice that they should have across the board," said attorney Pamela Car. "That means it affects a large number of people, potentially, in some instances, everyone."

In one alleged incident, the suit states one tenant who was never informed of their right to seek a hardship exemption sold her blood plasma to raise money. She had to stop when her iron levels dropped too low.

"It's an astounding position to be in, and I think it's extraordinarily callous if someone is coming to you and saying this is what I'm doing to try to pay."

Both attorneys representing the tenants say they're hopeful things can be worked out with OHA.

"I think that we would hope the Omaha Housing Authority would look at the federal law and, going forward, would try to comply based on what the law says and what we're alleging. We also hope they would credit people who (have) paid money that they might not have needed to pay had they followed the law. They're not told how to apply. Instead, they end up potentially homeless. Where do they go? Where are they supposed to go? What are they supposed to do if they can't stay in public housing because they can't pay?"

OHA tells 6 News it cannot comment on pending litigation. The attorneys say they're awaiting response from the Housing Authority.