Plaintiff Disabled Veteran Alleges Negligence Against U.S. Government Over Housing Program Mismanagement

Asheville Federal Courthouse
Asheville Federal Courthouse
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A disabled veteran has filed a lawsuit against the United States of America, alleging negligence and wrongful acts by the U.S. Department of Housing and Urban Development (HUD). The complaint was filed by Shanta Swinton in the United States District Court for the Western District of North Carolina on January 20, 2026, naming the United States as the defendant.

Shanta Swinton, a resident of Mecklenburg County, North Carolina, and a participant in HUD’s Veterans Affairs Supportive Housing (HUD-VASH) program, claims that she suffered financial losses and housing instability due to negligent supervision and administration by HUD employees. According to Swinton, HUD failed to properly oversee its local grantee, INLIVIAN (Charlotte Housing Authority), leading to errors in rent calculations and denial of grievance procedures. Swinton alleges that these failures resulted in inflated rent charges and emotional distress. “The acts and omissions alleged herein involve the failure to perform mandatory duties,” states the complaint.

Swinton’s case hinges on several specific allegations: misapplication of payment standards following a change in household composition; improper use of utility allowances; failure to conduct required interim reexaminations; denial of grievance protections; and unaddressed requests for reasonable accommodations. For instance, when her son was re-added to her household in June 2024, INLIVIAN allegedly continued using an incorrect four-bedroom payment standard instead of adjusting it to five bedrooms. This oversight reportedly led to inflated rent payments for over a year.

The plaintiff further accuses HUD of failing to intervene despite being notified through complaints and administrative filings. She contends that HUD neglected its duty to ensure compliance with federal regulations governing housing programs. “HUD’s breaches were the actual and proximate cause of Plaintiff’s economic loss,” Swinton asserts.

In her lawsuit, Swinton seeks compensatory damages for economic losses such as overpayment of rent and improper utility allowance calculations. She also claims non-economic damages including emotional distress caused by prolonged financial strain. While she does not seek punitive damages or interest prior to judgment, she requests that the court award costs associated with this action along with any other relief deemed appropriate.

Representing herself pro se, Shanta Swinton is seeking justice from Judge Max O. Cogburn Jr., who is presiding over Case No.: 3:26-cv-00049-MOC-DCK.

Source: 326cv00049_Swinton_v_United_States_of_America_Complaint_Western_District_North_Carolina.pdf


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