Monday, September 18, 2006

public housing - conditional eviction

Allegheny Co. Housing Authority v. Johnson - Superior Court - September 14, 2006

http://www.courts.state.pa.us/OpPosting/Superior/out/a22002_06.pdf

County Housing Authority filed eviction action against tenant (T) with multiple lease violations (fighting, noise, extra tenants, fire, etc.). The trial court found that although the CHA had established that T had violated the terms of the lease and had engaged in "serious and repeated violations of the material terms of the lease, the CHA could not execute on its judgment for possession so long at the T submitted weekly verification that he was attending an MH/MR program and was attending at least three AA meetings per week.

The Commonwealth Court reversed, finding that T's "behavior unequivocally amounted to 'serious and repeated violations of the material terms of the lease" and holding that the CHA was entitled to evict him, unconditionally and immediately.