Court: Housing Authority rule on child residency is unconstitutional

A federal judge has found the Southern Nevada Regional Housing Authority in violation of the federal Fair Housing Act for its "discriminatory" temporary guardianship policy, according to the recent ruling by U.S. District Court Judge James C. Mahan.

The finding results from a federal lawsuit filed Feb. 5 in Las Vegas by Nevada Legal Services attorneys Ron Sung and Kristine Bergstrom on behalf of Antoria Pickens. Pickens participates in the housing authority's Section 8 Housing Choice Voucher Program, which helps poor families pay for rent.

Housing Authority Executive Director John Hill did not return a call seeking comment late on Monday.

Pickens' minor niece was removed from her household earlier this year because Pickens had not obtained the court-ordered guardianship required by the authority, although she had written permission from the minor's legal custodian for the girl to live with her.

"The court finds that the housing authority's requirement for temporary guardians to obtain court-ordered guardianship imposes an additional burden on non-nuclear families than on nuclear families," according to court records filed last week.

Pickens added her adult nephew, Khyre Rutherford and her niece, identified as L.P., to her household when both were minors. Her niece will turn 18 next month, according to the lawsuit.

When Pickens signed a housing authority form to add the two as her family members, she was required to get court-ordered guardianship of her niece within a year. In August 2014, the housing authority removed her niece as an authorized family member, and as a result she would have to pay more rent.

In January 2015, Pickens was informed that her niece was to be removed as a household member under the Section 8 program. The housing authority refused to allow her time to get another temporary guardianship.

Pickens has written permission from her nieces' out-of-state , court-appointed guardian, to live with her, according to the suit.

The lawsuit claimed the Fair Housing Act and the U.S. Department of Housing and Urban Development prohibit discriminatory housing practices based on familial status. It also argued the housing authority cannot discriminate against minors who live with someone designated by their legal custodian, favoring minors who live with their parent or legal guardian.

"The reality is that a significant number of low-income households feature children who are living with grandparents or aunts and uncles," Sung said in a press release.

Contact Yesenia Amaro at yamaro@reviewjournal.com or 702-477-3843. Find her on Twitter: @YeseniaAmaro