Caulder v. Durham Housing Authority

If I read the majority opinion correctly, this Court now declares that the laws of North Carolina do not provide for “due process” hearings in public housing eviction cases. Specifically, they say: The plaintiff’s right, if any, to litigate the issues in the state courts appears more theoretical than real.

They reached this conclusion by examining and construing the North Carolina General Statutes, § 42-26, to confine the issue before the magistrate to the simple question of whether the tenant was holding, over and continuing in possession after her term had expired and because § 42-34 failed…