Gersten Companies v. Deloney

Opinion

BENKE, J.

Introduction

For 10 years appellant and her two children occupied housing subsidized by the federal government. Although her rent was due on the first of each month, on three occasions during a one-year period her rent was five days late and on one occasion her rent was seven days late. We conclude on the facts of this case, her tardiness was not “material noncompliance” within the terms of her rental agreement. Accordingly, we reverse the judgment which granted her landlord possession of the premises and damages.

Factual Summary

At the time of the proceedings below, appellant…