Schultz v. Sundance Apartments

No. 96-CV0791 (Tex. Dist. Ct. Galveston County filed Jan. 8, 1997) ; Clearinghouse Number: 51551

Description

Section 8 Tenant Challenges Landlord’s Eviction Practices and Apartment Rules

Abstract

Plaintiff Section 8 tenant has filed a petition challenging Section 221(d)(4) housing project’s eviction practices and house rules. Plaintiff alleges that the notice of proposed lease termination sent to her by defendant does not state the grounds for termination with enough detail for her to prepare a defense and does not advise her of her right to a meeting within ten days to discuss the notice, her right to defend herself in court, or her right to be evicted only through judicial proceedings, all in violation of paragraph 23c of the lease, 24 C.F.R. § 247.4 (a), and the HUD handbook. Plaintiff further complains that defendant’s generic mass notice for an upcoming apartment inspection violates the lease and plaintiff’s right to privacy. She also alleges that such defendant’s house rules as that all apartment occupants must be named on the lease (not excluding visiting tenant’s family members and guests), that rent will not be accepted without payment of outstanding late charges, and that a fee of $25 must be paid to unlock a tenant’s door are unreasonable terms and conditions of the lease contract in violation of 12 U.S.C. §1715A-1b(b)(3) and the HUD Handbook; defendant breaches its own contract by adopting such unreasonable terms and conditions. Plaintiff argues in the alternative that the rules are not terms and conditions of the contract and are therefore unenforceable.

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
1997-01-08 00:00:00+00:00