Gilmore v. Wood Hollow Partners Ltd.

No. 95CV0565 (Tex. Dist. Ct. Galveston County May 8, 1996). ; Clearinghouse Number: 51547

Description

Section 8 Landlord to Modify Rules on Guests and Decorations and Give Up Right to Enter Premises at Any Time

Abstract

The district court has approved a settlement agreement between plaintiff tenant and defendant Section 8 landlord in this action alleging that defendant’s communication, decorating, occupancy, and guest rules are unreasonable terms and conditions of the lease contract in violation of 12 U.S.C. §1715Z-1b(b)(3) and the HUD handbook. Plaintiff alleged that her lease contract had been breached by the adoption of these rules. Since she had not violated the above rules and was not subject to eviction at the time of the filing of the lawsuit, she claimed a justifiable "interest in knowing whether the limits to her freedom and privacy are legal and enforceable." The settlement prohibits the defendant from unreasonably withholding authorization for tenants’ guests to stay more than four consecutive days, permits tenants to decorate and post signs on any part of the premises not visible to the general public, including interior walls, and prohibits defendant from unreasonably withholding authorization for display on windows and doors. The settlement requires defendant to follow the applicable law in eviction proceedings and disallows defendant’s right to enter the premises at any time. Defendant is required to pay plaintiff $150 in nominal damages. Each party is responsible for its own costs.

Additional Information

Attorney Information
Plaintiff represented by Stephen C. McIntyre, Gulf Coast Legal Foundation, 2201 Market St., 1st Floor, Galveston, TX 77550; (409) 763-0381.
Docket Date
1996-05-08 00:00:00+00:00