Latest Case: Raleigh Housing Authority v. Winston (Landlord - Tenant)

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Raleigh Housing Authority v. Winston

Docket: 385PA19

Opinion Date: March 12, 2021

Judge: Barringer

Areas of Law: Landlord - Tenant

The Supreme Court reversed the decision of the court of appeals affirming the order of the trial court allowing immediate possession of Defendant's apartment to the Raleigh Housing Authority (RHA), holding that the notice of lease termination failed to provide Defendant with the factors necessary for her to be on notice of RHA's justification for the termination of her lease. RHA filed a complaint in summary ejectment alleging that Defendant, a tenant of public housing, was holding over at the end of the lease. Defendant raised as a defense that the notice of lease termination did not state with specificity her alleged "inappropriate conduct." The trial court entered an order allowing immediate possession of the apartment to RHA. The court of appeals affirmed. The Supreme Court reversed, holding that RHA's notice of lease termination failed to provide Defendant with the factors necessary for her to be on notice of RHA's justification for the lease termination, in violation of 24 C.F.R. 966.4(l)(3)(ii).