Minneapolis Public Housing Authority v. Lor
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Minneapolis Public Housing Authority v. Lor
Opinion of the Court
OPINION
Appellant Minneapolis Public Housing Authority (MPHA) contends that when a public housing authority brings an unlawful detain-er action against one of its tenants on the basis of alleged criminal activity by a household member, trial courts may not consider facts other than whether the tenant actually violated the lease. As the trial court considered the hardship respondent tenant Mai Lor would face in finding a new apartment, MPHA claims that the trial court reached beyond its powers in ruling for Lor. We conclude that the trial court has the power to review unlawful detainer actions de novo to determine whether the lease was materially breached. The trial court did not make findings on whether Lor materially breached her lease but instead considered equitable circumstances in allowing her to retain her apartment. We reverse the trial court and hold, based upon the trial court’s record, that Lor materially breached her lease and should be evicted.
Lor signed a six-page lease with MPHA in 1994. The lease contains two provisions relevant to this case. The first provision, in pertinent part, makes a tenant responsible for the actions of members of her household:
8. Obligations of Tenant’s Members of Household, Guests and Other Persons Under Tenant’s Control
The Tenant agrees to comply with the following rules. The Tenant is also responsible for causing members of the household, guests or another person under Tenant’s control to comply with the following rules.
⅝ ⅜ ⅜ ⅜
B. The Tenant shall not:
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10) Engage in, or allow members of the household, guests or another person under Tenant’s control to engage in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the public housing premises by other residents and neighbors, or employees of the Management.
The second provision sets out termination grounds for serious lease violations:
10. Termination of Lease
A. Management shall not terminate, refuse to renew the Lease or evict Tenant from the dwelling unit except for serious or repeated violations of material terms of the Lease or other good cause. Serious violations of the Lease include but are not limited to:
⅜ ⅛ ⅜ ⅜
4) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, neighbors and public housing employees, or drug-related criminal activity on or near the premises engaged in by a Tenant, a member of the Tenant’s household, a guest or another person under Tenant’s control while the Tenant is a tenant in public housing.
In the summer of 1997, as a tenant of MPHA, Lor lived with her four youngest children, including her 17-year-old son K.Y. While Lor was out-of-state on June 17, 1997, K.Y. was involved in a drive-by shooting in which three people were shot. The day after the shooting, police found a loaded handgun, a loaded sawed-off shotgun, an unloaded
MPHA sent Lor an eviction notice dated June 30, 1997. The notice stated that a serious violation of a material lease term had occurred because a household member had engaged in criminal activity. It also stated that because of the nature of the violation, Lor could not access MPHA’s grievance procedure to contest her eviction. Lor did not vacate the apartment but instead retained an attorney and contested her eviction. MPHA filed an unlawful detainer action against Lor on July 10,1998.
At the bench trial, the parties stipulated that Lor is a single mother currently living with her three minor children, and that Lor’s son was involved in a drive-by shooting at another public housing residence while a resident of the contested apartment. The trial court made additional findings including a finding that Lor did not have any knowledge of her son’s criminal activity or reason to anticipate her son’s acts. It reasoned that eviction would create severe hardship for Lor in light of her limited English and her three minor children. In arriving at its decision not to evict, the trial court focused on whether K.Y.’s criminal conduct gave MPHA “sufficient cause” to terminate the lease, and concluded that “[w]hile a public housing authority has a strong interest in removing criminal and gang activity from a project, some discretion must be exercised and this Court is of the opinion that, under the facts of this case, eviction is not an appropriate remedy.”
The court of appeals affirmed the trial court, turning to federal statutes to determine the trial court’s scope of review of MPHA eviction decisions.
The MPHA appealed the court of appeals’ decision, and we granted review.
I.
To determine PHA eviction powers and the trial court’s scope of review of PHA eviction decisions, we turn to federal and state legislation and regulations. Statutory construction presents a question of law we review de novo.
PHAs are subject to substantial federal regulation. The Affordable Housing Act, which Congress passed in 1990, addresses grounds for eviction from public housing and requires that local PHAs use leases that:
provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants * * * engaged in by a public housing tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control, shall be cause for termination of tenancy.7
While the statute does not set forth the role of PHAs or courts in reviewing lease violations, the Housing and Urban Development (HUD) regulations do.
While PHAs are required to provide a grievance procedure for most tenant disputes, the regulations provide that tenants evicted because their household members have allegedly engaged in criminal activities may be excluded from PHA administrative grievance procedures.
Lor argues that the right to the court hearing mandated by federal regulations is a right to a court decision that not only addresses whether the lease was violated, but also takes into consideration equitable factors.
This provision [42 U.S.C. § 1437d(i)(5)] makes criminal activity grounds for eviction of public housing tenants if that action is appropriate in light of all the facts and circumstances.
⅜ ⅝ í|í ⅜?
The committee anticipates that each ease will be judged on its individual merits and will require the wise exercise of humane judgment by the PHA and the eviction court. For example, eviction would not be the appropriate course if the tenant had no knowledge of the criminal activities of his/ her guests or had taken reasonable steps under the circumstances to prevent the activity.14
While the Committee Report references the eviction court’s “wise exercise of humane judgment,” the federal statute, HUD regulations, and Lor’s lease do not imbue the courts with the discretion to consider all the circumstances of a case.
Despite HUD’s careful clarification of PHA responsibilities, the regulations do not give courts similar discretion when hearing evictions involving the criminal acts of household members. Rather, when discussing the
Still, trial courts have a role in eviction actions brought by a PHA. While PHAs have discretion under federal statutes and regulations to evict tenants, trial courts preside over unlawful detainer actions. Minnesota unlawful detainer law allows a landlord to recover possession of premises when a tenant acts “contrary to the conditions or covenants of the lease * *
Further, a lease is a form of contract.
Lor’s lease states that she shall not “allow members of the household * * * to engage in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the public housing premises by other residents and neighbors * * The lease’s language mandates that Lor, as the tenant, be responsible for the actions of members of her household, including her son, and permits MPHA to evict her if a member of her household actually engages in threatening criminal activity. Under the trial court’s limited scope of review in unlawful detainer actions, the court was bound to determine only whether Lor’s son engaged in such criminal activity and thus whether the lease was breached.
The trial court’s findings do not address whether Lor materially breached her lease. Rather, the court relied on equitable principles to deprive MPHA of any relief to which it might have been entitled. Such reliance is tempting because the application of the federal law and regulations will, at times, impose hardship on tenants due to the illegal activities of a family member.
Nonetheless, in determining if the lease was in fact breached, the facts in this ease are straightforward. Police acting on an anonymous tip found three guns, two of which were loaded, in Lor’s apartment. Further, a juvenile involved in the shooting, Lor’s son, was arrested as he drove up to Lor’s apartment. These facts indicate criminal activity which threatens the neighbors’ safety and right to peaceful enjoyment of the public housing premises, and amount to a material breach of Lor’s lease. We therefore reverse and remand to the trial court for further proceedings in accordance with this opinion.
Reversed and remanded.
. Minneapolis Public Housing Authority v. Lor, No. UD 1970716525, slip op. at 3 (Hennepin Co. Sept. 10, 1997).
. Minneapolis Public Housing Authority v. Lor, 578 N.W.2d 8 (Minn.App. 1998).
. Id. at 10.
. Id.
. Id. at 11.
. Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn. 1985).
. 42 U.S.C. § 1437d(£>(5) (1994).
. In determining legislative intent, courts may rely on agency regulations. Rust v. Sullivan, 500 U.S. 173, 186, 111 S.Ct. 1759, 114 L.Ed.2d 233 (1991).
. 24 C.F.R. § 966.4(0(5X0 (1998).
. Id. §§ 966.51(a)(1), (2), 966.53(a).
. Id. § 966.4(/)(3)(v)(B).
. Id. § 966.53(c). Minnesota's unlawful detain-er process has been certified by HUD to meet its due process standards. 61 Fed.Reg. 13276-77 (Mar. 26, 1996).
. The court hearing required by HUD allows parties to raise equitable defenses in accordance with each state’s existing law. However, equitable defenses to contracts permitted by Minnesota law, such as laches and unconscionability, are different than the equitable factors Lor wants the court to address. See, e.g., LaValle v. Kulkay, 277 N.W.2d 400, 403 n. 3 (Minn. 1979) (laches an equitable defense); Flynn v. Sawyer, 272 N.W.2d 904, 908 (Minn. 1978) (unconscionability based on equity powers of court).
. S.Rep. No. 316 (1990), reprinted in 1990 U.S.C.C.A.N. 5763, 5941.
. When legislative history is ambiguous as to Congress’ intent, courts will defer to agency regulations. Rust, 500 U.S. at 186, 111 S.Ct. 1759.
. 24 C.F.R. § 966.4(0(3)(v)(B).
. Minn.Stat. § 566.03, subd. 1(2) (1998).
. Id. § 566.07.
. Id. § 566.15.
. See generally Arthur Linton Corbin, Corbin on Contracts § 686 (1960 & Supp. 1999).
. Bob Useldinger & Sons, Inc. v. Hangsleben, 505 N.W.2d 323, 328 (Minn. 1993).
. See Republic Nat’l Life Ins. Co. v. Lorraine Realty Corp., 279 N.W.2d 349, 357 (Minn. 1979) (enforcing unambiguous lease even though result was harsh).
Concurring in Part
(concurring in part and dissenting in part).
I respectfully dissent.
any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants, neighbors and public housing employees, or drug-related criminal activity on or near the premises engaged in by a Tenant, a member of the Tenant’s household, a guest or another person under Tenant’s control while the Tenant is a tenant in public housing.
While the district court found that a drive-by shooting occurred and that the police found weapons at Lor’s address, the court failed to make a finding regarding whether these events constituted “serious or repeated violations of material terms of the Lease.” In addition, the district court did not make any findings regarding K.Y.’s arrest or whether the criminal activity “threaten[ed] the health, safety, or right to peaceful enjoyment of the premises by other tenants, neighbors and public housing employees.”
. I agree with the court that the trial court should not have relied on equitable principles in determining that the MPHA could not evict Lor.
. In fact, the only evidence in the record as to whether the "health, safety or right to peaceful enjoyment of the premises” was threatened by K.Y.'s conduct indicates that there was no such threat.
Concurring in Part
(concurring in part and dissenting in part).
I join in the concurrence and dissent of Justice Page.
Reference
- Full Case Name
- MINNEAPOLIS PUBLIC HOUSING AUTHORITY, Appellant, v. Mai LOR, Respondent
- Cited By
- 47 cases
- Status
- Published