Brattleboro Hous. Auth. v. Cleaves

No. 398-9-00 WMC (Super. Ct. Vt. Windham County, filed Mar. 14, 2001) ; Clearinghouse Number: 53813

Description

Default Eviction Judgment Vacated Where Housing Authority Misrepresented Amount of Unpaid Rent and Tenant Paid Rent Arrears

Abstract

The court held that defendant public housing tenant showed excusable neglect and a meritorious defense sufficient to set aside a default judgment and order of possession entered against her. On August 15, 2000, plaintiff Brattleboro Housing Authority (BHA) sent tenant a “notice to quit,” demanding payment of the remainder of August rent and other charges. A social worker helped tenant negotiate a repayment agreement to pay $600 in back rent by September 26 and $78 in costs by October 2 in order to avoid eviction. Tenant substantially complied, but BHA obtained a default judgment without serving tenant. At that point BHA records showed her total rent arrearage to be 50 cents. Tenant filed a motion to set aside the default judgment and vacate the order for possession. She argued that BHA had a practice of carrying legal costs and fees forward month to month and applying current rent payments to past costs and fees, thus “bootstrapping” new rent arrearages each month and circumventing the limits on the amount of rent it could charge under federal law. The court granted tenant’s motion and set aside the ejectment action; the court found a 50-cent arrearage insufficient to support it. The court said that affidavits BHA submitted as the basis for the default judgment misrepresented pertinent facts, including the amount of unpaid rent. It also ruled that under federal law BHA could not increase tenant’s rent by incorporating other charges, regardless of lease provisions including such charges in the definition of rent.

Additional Information

Attorney Information
Geoffry Walsh, Vermont Legal Aid 56 Main Street, Suite 301, Springfield VT 05156 (802) 885-5181
Docket Date
2001-03-14 00:00:00+00:00