Legal Opinion

Eastern Carolina Regional Housing Authority v. Lofton

Supreme Court of North Carolina

Decided August 19, 2016No. 32PA15PublishedCited by 6 opinions

1Opinion of the Court

NEWBY, Justice.

In this case we consider whether public housing authorities must exercise discretion when pursuing evictions that are not otherwise mandated by federal law. Recognizing that public housing is the housing of last resort, Congress intended public housing authorities to exercise discretion in certain eviction proceedings, such as the lease violation at issue here arising from the actions of a third party. The trial court’s findings establish that plaintiff failed to exercise its discretion before pursuing defendant’s eviction. Accordingly, plaintiff has not established its right…

2Cases cited5 opinions

  1. Department of Housing and Urban Development v. RuckerSupreme Court of the United States · 2002
  2. Charlotte Housing Authority v. PattersonCourt of Appeals of North Carolina · 1995
  3. Morris v. AustrawSupreme Court of North Carolina · 1967
  4. Durham Hosiery Mill Ltd. Partnership v. MorrisCourt of Appeals of North Carolina · 2011
  5. HOUSING AUTHORITY OF COVINGTON v. TurnerCourt of Appeals of Kentucky · 2009

3Cited by6 opinions

  1. Chateau Foghorn LP v. HosfordCourt of Appeals of Maryland · 2017
  2. Cherry Cmty. Org. v. SellarsSupreme Court of North Carolina · 2022
  3. Cherry Cmty. Org. v. SellarsSupreme Court of North Carolina · 2022
  4. M. Cease v. Housing Auth. of Indiana CountyCommonwealth Court of Pennsylvania · 2021
  5. Raleigh Hous. Auth. v. WinstonSupreme Court of North Carolina · 2021

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