# Thomas v. Housing Authority of the Birmingham District

> Court of Civil Appeals of Alabama · October 22, 1999 · 788 So. 2d 891

URL: https://www.frixlaw.com/law-library/cases/7741712

## Case

- **Full name:** Alonzo Thomas, Jr. v. Housing Authority of the Birmingham District.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** October 22, 1999
- **Citations:** 788 So. 2d 891; 1999 Ala. Civ. App. LEXIS 765; 1999 WL 964769
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Robertson, Yates, Monroe, Thompson, Crawley
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7741712

## Opinion text

CRAWLEY, Judge,
dissenting.
I must respectfully dissent. As HABD explains in its brief, Thomas’s utility allowance is not an actual payment to Thomas. Instead, it is simply an on-paper allowance used to calculate Thomas’s rent. HABD does not receive the allowance, and Thomas is not entitled to “payment” of the allowance. See 24 C.F.R. § 5.603 (d). Therefore, HABD has not accepted partial payment of Thomas’s rent, and it is entitled to proceed on its unlawful detainer action.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7741712. Public record. Not legal advice.