In a series of recent decisions from the Court of Appeals, tenants in federally subsidized and federally funded properties have challenged whether the notice they received from their landlords was effective to terminate their leases. (See L.I.C. Assoc. I, Ltd. P’Ship v. Brown, __ N.C. App. __, 904 S.E.2d 822 (2024); see also Rosewood Estates I, LP v. Drummond, 290 N.C. App. 366 (2023) (unpublished); and Oxford Housing Authority v. Glenn, 290 N.C. App. 243 (2023) (unpublished). In all three cases, the landlords failed to comply with lease provisions mandated by federal regulations, including requirements for notice of lease termination and the Violence Against Women Act (VAWA). While these cases arose in the context of federally funded housing, the lessons they teach about proper notice to terminate a lease are applicable more broadly. Using facts from these cases, this post will trace a scenario where notice is at issue and explore what the law requires.
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Tag: public housing
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Navigating Summary Ejectment Cases Involving Public and Subsidized Housing
Magistrates from around the state report to me that summary ejectment actions involving public housing authorities seem to be on the rise. In North Carolina, summary ejectment is the judicial process by which a landlord can seek an order of the court granting the landlord possession of a rental property. The two-step process begins with a judgment for possession rendered by a judicial official, often a magistrate in small claims court, and is completed by the issuance of a writ of possession that authorizes the sheriff to remove tenants who fail to vacate the rental property or who fail to stay the issuance of a writ of execution. When the landlord is a public housing authority or a participant in a housing voucher program, both state and federal housing laws are involved which adds to the level of complexity already present in an action for summary ejectment. In fact, these types of cases are specifically referred to as “complex” in GS 7A-222(b), the statutory provision that authorizes magistrates to reserve judgment in more complex summary ejectment actions. Added to the legal complexity are the high stakes for renters with low incomes who may be ineligible for participation in subsidized housing for years following an eviction.
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