# Appendix — Thorpe v. Housing Authority of Durham > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0044%3A08 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1969 - **Citation:** 393 U.S. 268 ## Text a APPENDIX 1 ie hen eee Med Excerpts from the United States Housing ‘Act of 1987 \ Saree. A2 U.S.C; § 1401 et seq. - : z 5 1401. ‘Declaration of policy It is declared to be the policy, of the: United States to _ promote the general welfare of the Nation by employing " its funds and credit, as provided in this chapter, to assist the several States and their political subdivisions to alle- viate present and recurring unemployment and to remedy the unsafe and insanitary housing conditions and the acute, - shortage of decent, safe, and sanitary dwellings for families | of low income, in urban and rural nonfarm areas, that are _- - ' injurious to. the health, safety, and morals of the citizens | of the‘ Nation. In the development of low-rent housing it. shall be the policy of the United States to make adequate provision for larger‘families and for families consisting of: = -—* ; elderly persons. It is the policy of the Uniteds States to . vest in the local public: housing agencies the maximum amount of responsibility i in the administration of the low- rent housing program, including responsibility for the establishment of rents and eligibility requirements (subject | as to the approval of the _Authority), with due consideration | to accomplishing the objectives of this chapter while effect- ing economies. . Sept. 1, 1937, c. 896, §1, 50 Stat. 888; _ July 15, 1949, ¢. 338, ‘Title ITI, § 30¥(a), 63 Stat. 429; Sept. 23, 1959, Pub.L. 86-372, Title V, § 501, 73 Stat.. 679. 8 1404e. Public Housing Administration; right to sue; em- ra.t > | ployment of personnel; delegation of pene . a rules and regulations; expenses The Public Housing Administration shall sue dnd bev sued only with: — to its functions under this chapter, ’ a - .-# ie 2a . p a / . / Excerpts from the United States Housing Ach of 1937 and sections 1501-1505 of this title. The Public cue Commissioner may appoint such ‘officers. and employees as he may find necessary, which. appointments, notwithstand-. _ ing the provisions of any ‘other law, after August .10; 1948, shall. be made under this ‘section, and shall be subject to . the civil-service ‘laws and the Classification Act of 1949, _-as amended; delegate any of ‘his functions and powers to _ such officers, agents, or employees of the Public Housing Administration as he may designate ; and make such rules and regulations as he may find necessary to carry out his. functions, ‘powers, and duties. Funds made available for carrying out the functions, powers, and duties of the Ad- ministration (including appropriations therefor, which are * authorized) shall be available, in: such amounts as may from year ‘to yefr be authorized by ‘the Congress, for the — administrative expenses of the Administration. Notwith- standing any other~provisions of law except, proyisions of law enacted after-August 10, 1948 expressly in limitation hereof, the Public Housing Administration, or any State » or local public agency administering a low-rent housing project assisted pursuant to this chapter or sections 1501- _- +s Excerpts from the. United States Housing Act of 1987 | scehid to the apitietection | of the Adinielatretinn that a gap of at least 20 per centum (except in the case of on: displaced family or an elderly family) hag-been left . {> between: the upper rental limits for admission to the- 3 proposed low-rent housing and the lowest rents at which private enterprise unaided by -public subsidy i is .* providing (through new construction and available ex- . _ isting structures) a: substantial supply of‘ decent, safe, © ‘and sanitary housing toward meeting the need #f an. adequate volume thereof; and. (iii) unless the public * housing agency has demonstrated to the satisfaction of the Administration thet there is a feasible method ’ for the tegiporary relocation of the individuals and families displaced from the project site, and that there are‘ or are being provided, in the project area or in- : other areas not generally less desirable in regard to ~ public utilities and public and commercial facilities and at rents or prices within the financial means of such individuals and families, decent, ‘safe, and sanitary dwellings equal i in number to the n ber of and avail- able to such jndividuals and families and reasonably accessible to. their places of employment. e e@ ee , ; * > Sept. 1, 1937; ‘e. 896, $15, 50 Stat. 895 ; 1947 Reorg. Plan No. 3, $§1, 4(a), 9, eff. Julp.97, 1947, 12 F.R. 4981, 61 Stat. 954; July 31, 1947, c. 418,41, 61 Stat. 904; July 15, 1949, ; Title III, $§301, 303, 304(j), 63 Stat. 422, 424, 497; ‘Aug. 2, 1954, c. 649, Title FV, (MOLE), (4), 68 Stat. 631; Aug. 7, 1956, c. 1029, Title IV, §404(c), 70 Stat. 1104. As amended July 12, 1957, Pub.L. 85-104, Title IV, §401(b) (c), 71 Stat. 302; Sept. 23, 1959,-Pub.L.”86-372, Title V, §§503(b),.506, _ * 73 Stat. 680; June 30,-1961, Pub.L. 87-70, Title II, §§204(b),°205(b), 206(a), 75 Stat. 164,165. — / ‘ . sa? ‘ . . S ; “e - e ge .- > ‘ VY . a / at! hae ” - Excerpts fret the United fates ‘Housing ‘Act of 1987 : $1484. Records; natiaibiis siesta and audit = Every contract between the Housing and Home Finance “Agency (or. any official or constituent thereof ). and any person or local. body: (including any corporation or public " or private agency or body) for a loan, advance, ‘grant, or * contribution under this chapter, the Hbusing Act of. asks, y * . as amended, or,any other Act. shall provide that such person. or local body shall keep such records ‘as the Hous- .. ing and Home Finance Agency (or. such official’or con-- ¢ | stituent thereof}*shall from time to tinfe presaribe, in- - “° - eluding records which permit a speedy and-effective audit - | and will fully disclose ‘the amount.and the disyositior’ - ‘by such person or local body of the proceeds of the loau, . advance, grant, or contribution, or any supplement there- ' .9 to, the capital cost of any construcfion, projeet, for which - _ any such loan, advance, grant, ,or contribution is made, _ and the amount. ‘of qny private or other non-Federal funds « 0 used or grants-in-aid made for or in connection with any _ Such jprojeet.. No mortgage covering new or rehabilitated — multifamily housing (as defined in sectivn-1715r of Title - 12) shall be insured unless the moétgagor certifies that he will keep such records as are prescribed by the Fed- — eral Housing Commissioner at the time of the ‘certifica- - tion and that they will be kept in such, form as to permit. a speedy and effective audit. The Housing and Home © Finance Agency or any Official or constituent, agency there- . oo APPENDIX II - Excerpts from the North Carolina “Housing Authorities Law” eo Stats. of North ‘Carolina, s 157-1 et bees p § 157-2. Finding aa declaration . of eeneity It is hereby declared that unsanitary ‘or unsafe dwelling accommodations exist in urban and rural areas throughout the -State and that such unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor condition of the buildings, improper planning, excessive land coverage, lack of proper light, air © and space, unsanitary design and arrangement, lack of proper, sanitary facilities, and the existence of conditions _ which endanger life or property by fire and other causes; that in such urban and rural areas many persons of. low income are forced to’reside in unsanitary or unsafe dwell- ‘ ing accommodations; that in such urban and rural areas there is a lack of safe or sanitary dwelling accommodations available to all the inhabitants thereof and. that conse- quently many persons of low income are forced to occupy overcrowded and congested dw elling accommodations ;. that these gonditions cause an increase in and spread of disease and crime and constitute a menace to thé health, safety, morals and welfare of the citizens of. the State and impair economic values; that these conditions cannot be remedied: by the ordinary operation Jf private enterprise; that. the Ha clearance, replanning and reconstruction of such areas and ; the providing of safe and sanitary dwelling accommoda- ‘tions for persons of low. income are public uses and pur- poses for which public money may be spent and private property acquired; that it is in the public interest that __ work:on such projects be instituted as soon as possible; and that the necessity for the provisions hereinafter en- . acted is,’ “hereby declared as a matter of se | deter- ‘ e a Excerpts from the North Carolina | “Housing Authority Law” _ mination to be in the public interest. (1935, c. 456, 8. 2; 1938, Ex. Sess., c. 2, 8. 14; 1941, c. 78, s. 2.) § 157-4; Notice, hearing and creation of authority; can- cellation of certificate of incorporation | ' Any twenty-five residents of a city and of the area _ within ten miles from the territorial boundaries thereof may file a petition with the city clerk settipg forth that there is a need for an authority to function in the city and said surrounding area. ;Upon the filing of such. a peti- tion the city clerk shall give notice of the time, place and purposes of a public’hearing at which the council will de- *. termine the need ‘for an authority in the city and said _ surrounding area. Such‘ notice shall be given at the city’s | expense by publishing a notice, at least ten days preceding the -day on which the hearing is. to be held, in a news- paper having a general circulation in the city and said surrounding area, or, if there be no such newspaper, by posting such notice in at least three public places within. ’ the city, at least ten days preceding the day. on which the | hearing is to be held. ; | Upon tlie date fixed for said hearing held vpon notice as provided herein, an opportunity to be heard shall be: granted to all residents and taxpafers of the city and said surrounding area and to all other interested, persons,,,Af- ter such a hearing, the council shall determine : (1) ‘Whether insanitary or unsafe inhabited dwelling e (2) Whether there is a lack of safe or sanitary dwell- - ing accommodations in the city and said sur-. accommodations exist in the city and said sur- | rounding area, and/or - iF 10a a - Becerpte from the Nort Carolina eA “Housing Authority Law” ' pounding area available. for all ‘he inhabitants thereof. : | | eel In eneieniine whether ‘dwelling: accommodations are un- safe or insanitary, the council shall take into consideration the following: the physical condition and age of the build- ings; the degree of overcrowding; the percentage of land coverage; the light and air available to the inhabitants of | such dwelling accommodations; the sise and arrangement _ ~ of the rooms; the sanitary facilities; and the extent to - which conditions exist in such buildings which endanger life or property by fire or other causes. If it shall determine that either or both of the above. enumerated conditions exist, the council shall adopt a reso- lation 80 -finding (which need not go into any detail other = than the mere finding) and shall cause notice of such - determination tobe given to the mayor who shall there- upon appoint, as hereinafter provided, five commissioners to act as an authority. Said commission-shall be a public _ body and a body ‘corporkte and politic upon the comple- tion of the taking of the following proceedings :. The commissioners shall presen é the Soin’ of State an application signed by them, w: “”. shall set forth (with- . oat any detail other than the mere recital) : (1) That ea notice has been given and public hearing has been held as aforesaid; that the council made the id determination after such hearing, — and that the mayor has appointed them as com- 2 missioners ; + (2) The name and official residence of souls of the com-_ missioners, together with a certified copy of the 5 -y . appointment evidencing their right to office, the oy lle | = Eacerpts from the North Carolina — “Housing — Law” - date and place of induction into and taking oath , Of office, and that’ they desire the housing au- “thority to become a public body and a body.cor- porate and politic under this article; aa. (3) The term of office of each of the commissioners; (4) The name whieh i is proposed for the einen _ and | (5) The distin of the principal office dus the proposed - corporation. ahs ae The application shall te subscribed and sworn to by each of said: commissionere before an officer authorized by the laws of the State to take and certify oaths, who shall certify upon the application that he pe rsonally knows the commis- sioners and knows them to be the officers as asserted in the application, and that each subscribed and swore thereto in the officer's. presence. The Secretary of State shall ex- amine the application and if he finds that the name pro- _posed for the corporation is not identical with that of a person or of any other corporation of this State or 80 nearly sithilar as to lead to confusion and uncertainty he _ Shall receive and file it and shall record it in an appropri- ate book of record in his office. When the application-has been made, filed and recorded, as’ herein provided, the authority shall constitute a public body and a body corporate and politic under the name _ proposed in the application ; the Secretary of. State shal]. make and issue to the said: commissioners a certificate of incorporation pursuant to this article, under ‘the seal of the State, and shall record. the same with the application. ° * . . ®-. + ‘ . Be 12a ye . F ’ = y? e Excerpts from the North Carolina "ienemng auhetty Law” If the council, after a hearing as aforesaid, ‘shall deter- ~ mine that neither of the above enumerated conditions exist, it shall adopt a resolution denying the petition. After three months shall have expired from the date of the de- nial of any such petitions, ‘subsequent petitions. may be filed as aforesaid and new hearings and determinations » made thereon. alae In any suit, action or proceedi ing involving the validity or ce de to any contract of the au- _ thority, th rity shall: be conclusively deemed-to have | \ ae established i in accordance with the provisions of this - article upon proof of the issuance of the aforesaid certifi- © * cate by the Secretary of State. A copy of such certificate, . duly certified by the Secretary of State, shall be admissible in evidence in any such suit, action or proceeding, and .. shall be conclusive proof of the filing and contents thereof. The Secretary of State is authorized and empowered to_. revoke or to cancel a certificate of incorporation previ- - ously issued to an authority or housing authority upon a filing in his office a petition and resolution of the council ~ and a petition and resolution of the authority and its mem- | __ “bers requesting such revocation or cancellation and when | the Secretary of State is satisfied that no ‘indebtedness has been incurrtd or property acquired by said housing au- Cheemty. (1935, Sm & O 1943, c. 636, s. 7; 1961, ied ) § 157-9. Powers of authority An authority shall constitute a public body and a ‘jm corporate and politic, exercising public powers, and having all the. powers necessary or convenient to carry out and © _ effectuate the purposes and provisions of this article, in- a - ns powers in addition to othé¢rs herein 18a =" Excerpts “from the North Carolina . “Housing Authority Law” To investigate into fiving, dwelling and housing cendi- tions and into the means and methods of improving such - conditions; to determine where unsafe, or insanitary dwell- ing or housing conditions exist; to study and make recom- mendations concerning the plan of any city or municipality . located within its boundaries in relation to the problem of clearing, replanning and reconstruction of areas in which _. unsafe or insanitary dwelling or housing conditions exist, and the providing of dwelling accommodations for persons of low income, and to co-operate witb any city municipal or regional planning afféncy; to prepare, carry out and ‘operate housing projects; td provide for the construction, an reconstruction, improvement, alteration or repair of any _ housing project or any part thereof; to take over by pur- j chase, lease or otherwise any housing project located with- "in its boundaries undertaken by any government, or by any city or municipality located i in whole or in part within its boundaries; to manage as agent of any city or municipality — located in whole or in part within its boundaries any hous- ing project constructed or owned by such city; to act as agent for the federal government in connection with the acquisition, construction, operation and/or management of a housing project or any part thereof; to arrange with any city. or municipality located in whole or in part within its boundaries, or with a gov ernmetit for the furnishing, planning, replanning, installing, opening or closing of streets, roads, roadways, alleys, sidewalks or other places or facilities or for the acquisition by sugh city, municipal- ity, or government of property, options or property rights or for the furnishing of property or. services in connec- — tion with-a project; to arrange with the State, its subdi- visions and agencies, and any conntv. city or municipality eo ; 14a Excerpts from the North Carolina “Housing ns Law” | of the State, to the cxignt that it is within the scope of ‘each of their respective functions, (i) to cause the services | ‘customarily provided by each of them to be rendered for - the benefit of such housing authority and/or the occupants of any housing projects. and (ii) to provide and maintain _ parks and sewage, water and other facilities adjacent to or in connection with housing projects and (iii) to change _ the city or municipal ty map, to. plan,. replan, zone or re- , zone any part of the city or municipality ; to lease or rent | — any of the dwelling or other accommodations or any of the lands, buildings, structures or facilities embraced in any housing projéct-and to establish and revise the: rents or - charges therefor* to enter upon any building or property in-order to conduct investigations.or to make surveys or soundings; ; to purchase, lease, obtain options upon, ac- quire by gift, grant, bequest, devise, or otherwise any property real or personal or any interest: therein. from any person, firm, corporation, : ‘city, municipality, or gov- ° ernment; to acquire by eminent domain any real property, including improvements and fixtures thereon; to sell, ex-. change, transfer, assign, or pledge any property real or personal or any interest therein to any person, firm,:cor- . poration, municipality, city, or government; to own, hold, ! ‘clear and improve property; to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable; 5: to-procure insurance or guarantees from-a federal govern- ment of the payment of any debts or parts thereof se- . | ’ eured by.mortgages made or held by the authority.on shy - property included in any housing project; to borrow money ~~ _ upon -its bonds, notes, debentures or other evidences of indebtedness and to secure the same by pledges of its Fhe Excerpts’ from the North Carolina . “Housing Authority Law” revenues, ‘and (subject to the limitations hereinafter im- posed) by mortgages upop property held or t6 be held - __ by it, or in any other manner; in connection with any loan, @t° agree to limitations upon its right to dispose of any housing project or part thereof or to undertake additional hogging Projects; in connection with any loan by a gov- ernment, to agree to limitations upon the exercise of any powers conferred upon the authority by this article ; to invest any funds held in reserves or sinking funds, or any funds not -required for immediate disbursement, in _ property or securities in which Savings banks may legally invest funds subject to their control ; ‘to sue and be sued; to have a seal and to alter the sameat pleasure; to have. “requiring the attendance of witnesses or the production of _ ination of witnesses who are out of the State or: unable to attend before the authority, or excused from attendance ; and to make available to such agencies, boards or commis- sions as are charged with the ‘duty of abating or requir- ing the correction of nuisances or like‘ conditions, or of demolishing unsafe or insanitary structures within its. ter- ritorial limits, its findings and recommendations with re-. gard to any building or. property where conditions exist’ 7 Me, ax. from the North Nasties . i “Housing Authority Law” which are yee to the public health, morals, safety or welfare. Any of the investigations ‘or examinations pro- .. wided for in this article. may be conducted by the author-° - ity or by 8 committee appeinted by it, consisting of one or more Gommissioners, or by counsel, or by an officer or employee specially authorized by the authority to, con- Z duct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation — or examination shall have power to administer oaths, take affidavits and issue subpoenas or commissions. An av- . thority may exercise any or all of the powers herein’con- ferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may designate, including any - corporation or corporations which are or shall be formed. ‘under the laws of this State, and for such purposes an authority may cause one or more corporations to be formed under the laws of this’ State or may acquire the | capital stock of any corporation or corporations. Any corporate. agent, all of the stock of. which shall be owned | by the authority or ‘its nominee or nominees, may to the extent permitted by law exercise any of the powers con- — “ ferred upon the authority herein. In addition to all of the ’ other powers herein conferred upon it, an authority may : ‘do all things necessary and convenient to carry out the powers expressly given in this article. No provisions with °° to the. acquisition, ‘operation or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state. Notwithstanding. anything to the contrary cdntained in this article or in any other provision of law an authority” _ may include in any contract let in connection with @ & oe - | \ 17a Excerpts from the North Cagolina . “Housing ‘Authority Law” _ » ptoject, stipulations requiring that the contractor and any _ subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have at-_ tached to its financial aid‘of the project. (1935, ¢. 456, s. 9; ay | 9 1989,0. 150.) ee eee es i § 157-28. Contracts with federal government » In addition to the powers conferred upon the authority . by: other provisions of this article, the authority is em- powered to borrow money and/or accept grants from, the ‘féderal government for or in aid’ of “the construction of any housing project which such authority ig, authorized by _ this article to undertake, to take over day land acquired . by the federal go¥ernment:for the construction: of a hous- ing project, to ‘take over or lease or(man omg Saal doar? _ project constructed or owned by the federal. government, _and to these ends, to enter into such’ contracts, mortgages, - _ trust indentures, leases or other agreements as the federal government may require including agreements that the federal government shall have the right to supervise and ‘approve the construction, maintenance and operation of such housing project. It is the purpose and ‘intent of this ~ article to authorize every éuthority do any and all things necessary to secure the financial aid and the co-operation | ‘of the federal government in the construction, maintenance and operation of any- housing project which the’authority’ , © ‘is empowered by this article fo undertake. (1935,'c. 456, _ " g. 38.) °° ero : RA § 157-29, Rentals and tenant selection = ¢ ‘. : , It is heveby declared to be the policy ofthis State that \ each housing authority shall manage and operate its hous- ‘ ¢ ; ‘ ; ; , “4 ‘ 6+” p : Excerpts from the North. Carolina - , “Housing Authority Law” > ing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations: at the lowest possible rates consistent with its providing decent, safe and . sanitary dwelling accommodations, and that no housing ~ _. authority ‘shall construct or operate any guch’ project for profit, or as a source of reventé to the city. To this end . * an authority shall fix the rentals for dwellings in its proj- ects at no higher rates than it shall fitid to be necessary in order to produce, revenues Which (together with all . ‘ other available monies, rev enues, income and receipts of | the enemies + from whatever : sources: derived) will bcs suffi-_ ; cient : ~@) To pay, as the same becom@.due, the intitle and interest on the bonds of the authority ; ae ( 2) To. meet. the cost of, ‘and to provide for, maifitain: ae ing and operating the projects (including the ea A eost of. any insurance) and, the’ administrative " expenses of the authority ; and . 7 (3) To ereate (during not less than the six years immediately. succeeding: its issuance .of any . bonds) a reserve sufficient to’ meet the largest: _ i | principal and interest’ payment which: will -be . due on such bonds in any one year thereafter and to maintain ‘such wale a ~ In the epetpties or management of housing: projects an authority shall .at all times observe‘ the following. duties with respeet to rentals and tenant selection: = ~ (1) It gay rent or lease the dw elling EE tae therein only’ to persons who’lack the amount of. ' income which —— (as determined ty was | 19a Excerpts from the North Carolina “Housing Auihorty Law” housing author@y anistiatiing the Sieitie pro)- ees est) to enable them, without financial assistance} _to live in decent, safe and sanitary. dwellings, without overcrowding ; ( 2) It may rent or lease the dwelling accommodations , only at rentals within the financial reach of _ - per sans; ’ * Y a ae 4 Paci x may rent or lease to a tenant dw ding accom- modations: consisting’ of the number of rooms (but no greater number) which it deems neces- ‘sary to provi safe and sanitary accommoda- tions to the proposed occupants thereof, with- $ out overcrowding; and (4) ‘It shall not accept any person as a tenant in any housing project if the person’ or persons who . would occupy. the dwelling accommodations have .an annual ‘net income in-excess of fiye times the: annual rental of the quarters to be furnished | _ Such persor or persons, except that in the case of families with three or nf~re minor “depend- dents, such ratio shall. not exceed six to one; ‘in computing the rental for this purpose of’. sélecting tenants, there shall be included in the; rental the average annual cost (as determined — by the authority) to° “oceupants of heat, water, ; electricity, gas, ‘cooking range and other neces- sary services or facilities, whether or not the charge for such services and facilities is in fact included i in the rental. | : R ‘ a Excerpts from the North Carolina nn ne Law” Nothing contaizied i m, this tins shall be construed as - limiting the power of an authority to vest in an_obligee the right, in the event of a. default, by the authority, to take possession of. a housing: pr oject or cause the appoint- ment of a receiver thereof, frees from all the restrictions _ Imposed by this section. (1939, c.: 150.) a . Qla APPENDIX III North Carolina Statutes Re Summary Ejectment Gen. Stats of North Carolina, § 42:26 et seq: 942-26. ‘Tenant holding over may be daposced in cert Any tenant or lessee-of any house or land, and the as- signs under the tenant or legal representatives of ‘such* _ tenant or lessee, who holds over and continues in the pos- session of the demised premises, or any part thereof, with- _ out the permissicn of the landlord, and after demand made ae for its surrender, may be removed from such premises in ~ the manner hereinafter prescribed 1 in — of the following cases : - c=] (1) When a tenant in possession of real estate holds over after his term has expired. (2) When the tenant or lessee, or gfher person under him, has done or omitted any act by which, ac- cording to the ic of the lease, his estate ) has. ceased, . (3) When any tenant or lessee of lands or ieee, who is in arrear for rent or has agreed to culti- - yaté the demised premises and to pay a part of the crop to be’ made thereon as-rent, or’ who has given to the lessor a lien on such crop asa . security for the rent, deserts the demised prem- — - jses, and leaves them unoccupied and unculti- vated. (4 Geo. II, «. 28; 1868-9, ¢ 156, s. 19; Code, ss. 1766, 1777; 1905, cc. 297, 299, 820; - Rev., 8. 2901; C. S., s. 2365.) . . — 2 ° . “ ad > . . 24 . Os. - -~22a ‘North Carolina Statutes Re Summary Ejectment s § 42:28. Summons issued by justice on verified complaint. When the lessor or his assigns, or his or their agent or attorney, makes ‘oath in writing, before any justice of the a peace of the county in which’ the demised premises are are _ situated, stating such facts. as constitute one of the cases — ! described in §42-26 and §42-27, and describing the premises _# and asking to be put in possession thereof, the justice shall- —— 1 issue a summons reciting the substance of the cath, and = = requiring the defendant to appear before him or some other ee justice of the county, at a certain place and time (not to exceed five days from the issuing of the summons, with- out the consent of the plaintiff or his agent or attorney), to answer the complaint. The plaintiff or his agent or at- i m torney may in his oath claim rent in arrear, and damage for the occupation of the premises. since the cessation of ~ = | the estate of the lessee: Provided, the sum claimed shall © =~) not exceed two hundred dollars; but if he omits to make such claim, he shall not be thereby prejudiced in any other action for their recovery. (1868-9, c. 156, 8: 20; 1869-70, ¢.’ 212; Code, §. 1767; ‘Rev,, s. 2002 ; C. S., 8. 2367.) » $4229. Service of summons } The officer. receiving such summons shall immediately — | serve it by the delivery of a copy to the defendant or by | ; - leaving a copy at his usual or last place of residence, with ' some adult person, if any such be found there; or, if: the 3 defendant has no usual place of residence in the county and cannot be found therein, by fixing a copy on some con- © . - Spicaous part of the premises claimed. (1868-9, c. 156, s. 21; : . Code, 8. 1768; Rev., s. 2003; C. S., s. 2368.) 23a | North Carolina Statutes Re Summary Ejectment® | : a & § 42-30. Judgment by default or confession . The summons shall be returned according to its tenor, and {f on its return if appears to have ‘been duly: served; . and if the defendant fails to appear, of admits the allega- tions of the complaint, the justice shall give judgment that - the defendant be removed from, and the plaintiff be put . in possession of, the demised premises; and if any rent or damages for the occupation of the premises after the ces- ' gation of the estate of the lessee, not exceeding two hun- dred dollars, be claimed in the oath of the plaintiff as due — and unpaid, the justice shall inquire thereof, and give judg- ment as he may find the fact to be. (1868-9, c. 156, s. 22; Code, s. 1769; Rev., s. 2004; C. 8, 8. 2369.) ) § 42-31. Trial by justices jury trials judgment; exeention If the deferidant by his answer denies any material alle- . gation in the oath of the plaintiff, the justice shall hear _ the evidence and give judgment as he shall find the facts to be. If either. party demands a trial by jury, it shall be — _granted under the rules prescribed by law for other trials _ by jury before a justice;.and if the jury finds that the allegation in the plaintiff’s oath, which entitles him to be ‘put in possession, is true, the justice shall whiudierncsahinian yews ee 27a Poth _ Circulars and Manual Provisions of the United States Department of Housing and Urban Affairs Ctreular of February 7, 1967 In addition to informing the tenant of the sneenie for any proposed eviction action, from this date each Local © Authority shall maintain a written record of every eviction from its federally assisted public housing. Such records are to be available for review from time to time by HUD repre- sentatives and shall contain the following information: i Name of tenant and identification of untt occupied. 2. Date of notice to vacate. 3. Specific reason(s) for Sice to vacate. For example, if a tenant is being evicted because of undesirable ac- tions, the nae ea detail the actions which re- — sulted in the determination that eviction should be ; instituted. e. - 4. Date and method of ‘notifying tenant with summary of any conference with tenant, including” names. of con- ference participants. 5. Date and description of final action taken. The Circular on the above subject from the PHA Commis- sioner, dated May 31, 1966, is superseded by this Circular. _8/ Don Hummel! Assistant Secretary for Renewal and Housing Assistance Circulir of May 31, 1966 DEPARTMENT OF HOUSING AND . ' URBAN DEVELOPMENT — PUBLIC HOUSING ADMINISTRATION Washington, D. C. 20413 \ CracuLaR * yc. t,...e Selected’ Provisions of the. Federal Low-Rent Housing Management Manual | project,. and also-includes introductory Sections 100:1 through 103. 1 for use by aH Local Author- ities i in development or management operations ; : (2) The PHA Accounting. Manual contains 4 uni- ' form system of accounts to be used b Local Authorities and provides : structions (for ac- counting during the planning, construction, and - operation of projects (Sections A14.1-and A14.2 of this Manual relate ne to — Local - Authorities) ; . : (3) The PHA. Financing Manual aii instruc- | tions for temporary and. permanent financing f of projects; sts ee, (4) The PHA Management Manual contains. PHA | requirements: and covers’ Local Authority ac- tions in connection with the operation of projects after initial occupancy. : ‘ . ; f b. Circulars. Circulate igsued by the PHA 1 are of two types, procedural and nonprocedural. Circulars of § aie ~& procedural nafure contain requirements which have 4 the same effect as manuals; they are temporary ad- q ditions to or modifications of the manuals pending incorporation of the provisions into the appropriate | manual, and are clearly identified as such, Other . a , : circulars are merely informative or, if procedural, - are for one-time, nonrecurring use and do not affect the ‘manuals or other more permanent“publications. _ ~ Selected Provisions of the Federal Low-Rent Housing Management Manual c. Bulletins, Handbooks, and Booklets me) The Low-Rent Housing Bulletins sehidiain de- tailed technical treatments of specific subjects — and may be either (a) wholly .or partially man- datory,; or (b) wholly nonmandatory. The dis- tinction is made clear in each bulletin or in.the - reference to it in the appropriate manual. Orig- inally, the Low-Rent Housing Bulletins were | numbered LR-1 through LR-54 but some have become obsolete or have -been superseded. by _¢ sections in the handbook series. Although con- version of other bulletins to the handbook series is planned, bulletins pertaining to development ’ matters are not scheduled for conversion and revisions to these are issued as needed. _ (2) The Local Housing Authority Accounting Hand- book gives.technical suggestions for accomplish- ing the requirements of - PHA Accounting Manual. é & . S : (3) The Local Housing Authority Manageéniont Handbook offers suggestions and techniques for housing operation and maintenance. (4) The-Contractor’ s Handbook covers instructions - '-for use by contractors. engaged in constructing PHA-aided housing. (5) The Architect’s Check List booklet presents _ items for consideration in planning housing for " the elderly. S4a e Opinion of March 11, 1968 eras iat . ager (id., sec. 32), isles bylaws and Ee eae (id., ‘gee. . 87, subdiv. 1, par. [w], and conduct hearings (id., sec. 3, — subdiv:.1, par. [x]). ‘The authorities are empowered to select tenants qualified as ‘persons of low income. (id., sec. 156), under leases which provide for rerits adjustable. ac- cording to income (id., sec. 37, subdiv. 1, par: [k])- Thus, our state has distinguished low rent housing as a_ human need to be satisfied through governmental action and has created by specific statutory provisions the struc- ture of the relationship between the housing authority. _ and the tenant. The statute consequently enters into and | becomes a part of the lease; and its spirit. and intent must be the-guiding beacon in the interpretation of the terms of. the lease. 3“ ‘Due process of law,’ is not confined to judicial pro- . aii. but extends ‘to every case which may deprive a citizen of life, liberty, or property, whether the proceed- ing be judicial, administrative, or executive in its nature” (Stuart v. Palmer, 74 N. Y. 183, 190-191). Once-the state embarks into the area of housing as a function of govern- ment, necessarily that function, like other governmental functions, j is subject to the constitutional commands. Low ‘rent housing is not the leasing of government-owned prop- . erty originally acquired for a different purpose, but now surplus or not required for that purpose, on a sporadic or temporary basis (cf. United States v. Blumenthal, 315 F’. 2d 351), where the traditiofial notions of private prop: . erty might well be applied; rather, it imports a status of a continuous character, bésed on the need of ‘the tenants for decent housing at a cost proportionate to their income, subject to the compliance by the tenants with reasonable regulations and the payment of rent when due. “The ‘Government as landlord is still the government. - It must ~ ican | er, Opinion of March 11, 1968 ot act arbitrarily, for, utilike private landlords, it is subject to the requirements of due process of law” (Rudder | LM, United States, 226 F. 2d 51, 53). What may be complete freedom of action under: private contractual arrangements falls to restricted action under public honsing leases (cf. Housing Authority of City of — Los Angeles v. Cordova, 130 ‘Cal. App. 2d 883, cert. den. 350 U.S. 969; Kutcher v. Housing Authority of City of Newark, 20 N. J. 181; Chicago Housing Authority v. Black- ah man,'4 Ill. 2d 319; Lawson v. Housing Authority of City of Milwaukee, 270 Wis. 269; Edwards v. Habib, 227-A. 2d 388, D. C. App.). We think that a housing authority can- ‘not arbitrarily deprive a tenant of his right to continue occupancy through the exercise of a contractual provision to terminate the lease. In other words, the action of the housing ‘Quthority must not rest on mere whim or caprice or an arbitrary reason. : Several considerations combine.to justify the difference . _ in treatment between governmental agencies and private individuals. Realistically, it must be acknowledged that the housing authority prescribes the terms of the lease — and that the tenant does not negotiate with the authority in the usual sense (see Reich, The New Property, 73 Yale L. J. 733, 749-752; Friedman, Public Housing and the Poor: An Overview, 54 Cal. L: Rev. 642, 60; note, Govern- ment Housing Assistance to the Poor, 76 Yale L. J. 508, 512). In this condition of affairs, to impose a require- . ment of good faith and reasonableness on the party in the stronger bargaining position when he exerts a contractual option is but a reflection of simple justice (cf. N. Y. Cen- tral Iron Works Co. v. United States Radiator Co., 174 N.Y: 331; Wood v. Duff- Gordon, 222 N. Y. - er ee ‘Bla ' Opinion of March 11, 1968 That requirement, even before the poe of housing as a public function, was read into municipal agreements aan with the use of governmental facilities (Gushee v. City of N. Y., 42 App. Div. 37, 18; ef. Lincoln Safe De- ‘posit Co. v. City of N.'Y., 210 N. Y. 34, 40). - “In Gushee (supra), thus, it. was said (pp. 48-49): “But if at any time in the future it shall determine _ in good faith to take away the restaurant, the plain- ' tiff must submit, because he takes his agreement sub- ject to the power which the law has given to make these regulations. Until, however; some such regula- tion is made the plaintiff has the right to his contract and to the protection of the court to prevent any capricious or unnecessary interference with it.” Moreover, in balancing the interests of the state against the interests of the individual, the advantages to the.state— are outweighed by the detriment to the individual, if we were to deny the tenant protection from an arbitrary ter- mination of the lease. The eviction of a family in the ‘income bracket eligible under the standards of public housing from its household is a serious blow. If, in fact,’ a mistake has been made in the accusation against the . tenant of improper coriduct or a violation of regulations, or if the reason for the ouster has no better basis than ~ dislike or unjustified discipline, the requirement of the. disclosure of the ground for the termination of the lease affords the tenant the opportunity to- ‘protest its exercise. On the-other hand, the authority will suffer no more than delay in the ultimate eviction in the event the termination of the lease is made on reasonable grounds; and in the ° meantime the authority may control excessive misbehavior | of the tenant through police ‘action., . © / . S2a Opinion of March 11, 1968 , ‘ The dedared purpose of the statute makes clear that low rent housing was considered to be permanent and not. transitory and that, so long as the tenants remain. . qualified ‘and do not ‘violate the reasonable regulations of the state agency; they would not be evicted for grounds extrinsic to these requirements. So, the state policy was established 4n- contemplation of “insanitary and substand- ard ‘housing conditions owing to overcrowding and con- centration of the population,” as a result of which “the -construction of new housing facilities, under public super- vision in accord with proper standards of sanjtation and safety and at a cost which will permit monthly rentals ' which persons of low income can afford to pay” is neces- ,Sary; and it was acknowledged that “these conditions require the creation of the agencies, instrumentalities and ' corporations, hereinafter prescribed, which are declared to be agencies and instrumentalities of the. state for the purpose of attaining the ends herein recited” -(Public - Housing. Law, sec. 2). To be sure, some state courts have held that a housing agéncy may terminate a lease with a tenant with similar ® provisions: in the same manner as a private landlord (Housing Authority of City of Durham v. Thorpe, 267 N. C. 431, vacated and remanded 368 U. S. 670; Pittsburgh Housing Authority v. Turner, 201 Pa. Super. 62; Colum- } bus Metropolitan Housing Authority v, Simpson, 85 Ohio App. 73; ‘Chicago Housing Authority v. Ivory, 341 Ik “App: 282).. We think.that the better rule is that a housing agency must have a reasonable ground for ; mination. s) In. Thorpe (supra), the pétitioner was a tenant ina federally-assisted public housing project. in North Caro- lina, The lease was terminable by eifher party upon fif-. - X d, ¥ ys 58a. Oviitiin of March 11, 1968 - teen aie notice. The petitioner was elected president of a tenants’ organization about a. year after the beginning of occupancy. The housing authority on the day follow- ‘ning the: election gave notice of termination. It refused to give any reason to thé petitioner for the termination. Thereafter it brought. eviction proceedings agaimst her. In the proceedings it was stipulated that the ‘authority had not terminated the tenancy bécause of the petitioner’s election as president of the tenants’ organization, but the ‘stipulation did not state the reason-for the termination. © The Supreme Court of North Carolina affirmed a jidg- ment in favor.of the authority, saying that it was, imma- terial what may have been the reason for the authority’s -disinclination to.continue the petitioner’s occupancy. The Supreme Court of the United States vacated the. judgment and remanded the proceedings to the cdurts of North Carolina. The majority of the court found that a directive issued by the Federal Department of ‘Housing: . and Urban Development subsequent to the notice of ter- ‘mination had stated that it was essential that no such notice should be given unless the tenant be teld the rea- son for his eviction; and held that the procedure pre- ‘scribed by. the directive governed the disposition of the ‘appeal. It is implied by the decision that the petitioper — . should be accorded on the remand the. treatment pro- vided by the directive. In a concurring opinion, Mr. Jus- tice Douglas held that the North Carolina courts should. determine the reason for the petitioner’s eviction. Thus, he said (386 U.S. 670, 678): > “Over and over again we have stressed that ‘the * nature and the theory of our institutions of govern- ment, the principles upon which they are supposed to rest . . . do not mean’to leave room for the play TRAIT: SMENIEESS a . - A Coen - ofa <. , Opinion of March i1, 1968 and action of purely personal arid arbitrary power’ (Yick Wo v.. Hopkins, 118 U.S.: 356, 369-370) and i «that the essence of due pracess is “ihe pretection of the individual agaist arbitrary action’ (Ohio . Bell Tele- phone Co. v. ‘Public, Utilities» Comm'n, 301 U. 8. 292 - 302; Slochower v. Board. of Edwation, 350. U.S. 5651, _ -559). Any. suggestion to the contrary ‘resembles the . ° ’ philosophy of feudal tenure’ (Reich, The New. Prop- ‘ erty, 73 Yale L. J. 733, 769). It is not dispositive to maintain that a private landlord might terminate a lease at his pleasure. For this is government we are dealing with, and the actions of government are. cir- cumscribed by the Bill of Rights. and the Fourteenth - Amendment. “The government as landlord is still the government. It. must not act arbitrarily, for, unlike ~ : *private landlords, it is subject. to the requirements of due process of law. Arbitrary ‘action is not due process’ (Rudder * v. Umited States, 96 US. App. D. ~ 329, 331, 226 F. 2d 51, 58). , = Again, hé said id, » Bp. 679- 681) : “This does not. mean that a public. Sonalinis author-. ity is powerless to evict a tenant. A tenant may be ewicted if it is shown that he is destroying the fix- _ tures, defacing the walls, disturbing other tenants by boisterous conduct and for a number of other reasong . _-which impair the successful operation of, the housing project. Eviction for such, reasons’ will completely | protect the viability of the housing project without making the tenant a serf. who-has a drome at. the pleasure of the manager of the project or the rneneng a ‘a er me Gs _.. * Opinion of March #1, — aon z ee | = 2 e “Here, the Superior Court found that petitioner ~ -. had mot -been evicted because she had engaged in ef- < forts to organize the ten@ats of the housing:project or because she had been elected president of the Parents’ -- Club. On appeal to the North Carolira Supreme Court, petitioner contended that the finding was. erroadus. The State Supreme Court did not. -pass on the finding of the Superior Court since it concluded that the Housing Authority could terminate tle leasé and _ evict petitioner for any reason. As I have said, it *" is argued- that the circular of the Department of Housing and Urban ‘Devélopment answers petitioner’s | claint that she was entitled to an administrative hear-: ing before her lease was terminated. But: petitioner - has already had a hearing in the state courts. And the. status. of the circular, whether a regulation or: - only a.press release, is- uncertain, an uncertainty which the Court does not remove. Vacating and’ ‘remanding . ; ‘for such further proseedings as may be si ig a light of the .-.. circular’ therefore furnish guidelines for the state courts on remand, and “does . not dispose of the basi¢e issue presented. I would vacate and refnand to the state courts to determine . the precise réason why petitioner was evicted and | ~ whether that reason was within the permissible: range — for ate action against the individual.’ ak . The Authority here’ notes that it is not subject to fed- eral supervision, as no federal funds were received:.as_ assistance in the project, and argues that the suggested procedure is therefere not applicable to it. Strictly speak- ing, this is so, but, we do not believe that it makes a material difference in the result. The rights of the peti- Peete ‘ idee F x : : fe as ; » ns 2 . : . ee : re ; 56a ; R , 4 ¢ Opinion of March Sa Neca sights tioners should be’ safeguarded to prevent the use of arbi- trary power. Doubtless, there exist areas of such sannitivity in the relations between state and individual that rules of finality .. will be enforced, even .as against the ‘charge of, arbitrari- ’ Nei ness—i.e., eminent domain, taxation and tariffs. 'But, even | in such eases, the circumstances dictate the effect ‘to be | given to the constitutional’ rights. “It. . [the court] has. .4 .weighed the®relative values of constitutional rights, the - essentials of powers conferred, and the need of protect- ° ing both” (St. Joseph Stock. Yards Co. v. United States, - 298 U.S. 38, 81 [concurring opinion of Mr. Justice Bran- eis]). THe unrestricted exercise of power by administra- tive’ officials has increasingly been: made. the subject of ‘judicial scrutiny (cf. Sleepy. Hollow Val. Committee v. | McMorran, 20 N. Y. 2d 190; Matter of Brown v. McMorran, my 23 A. D. 2d 661). * Once the field of housing: ¢ as a utility -has been encom- - passed by the state, we think that the traditional” protec- tion against the caprice of state agencies must: be pre- ty served. “Discretionary administrative power over See vidual rights . . . is undesiyable per se, and should be, . . avoided as far gs may be, tor Wigerétion ix is unstandardized power atid to lodge in .an official such power over person or ‘property. is hardly conformable to the ‘Rule of Law’ ” . (Freund, Historical ‘Survey in. Growth .of America, Ad- oo ministrative Law,’ pp.- 22-23). ; a | The order below should be affirmed, with $10 costs (anid disbursements. : ‘ Brennan and Muuder, JJ., concur. °, eo oe Opinion of March 11, 1968 Besnoox, P.J. (Udeentae)— * ; The basic issue raised by this proceeding is whether x ' + public corporation, such as the appellant Greenburgh Hous- ing Authority, may assert the same right. as a private corpe ation or individual to terniinate a month-to-month tenancy, pursuant to the provisions of the operative lease, without giving a reason for its action. — - The majority of this court concedes that if the appellant . Pre were a private landlord there: would .be no question that ‘ the lease between the parties could be terminated, with- . out reason, by virtue of its provisions allowing termina- ° . tion by’ the giving of the required notice - ‘by either party. . _Although I am in sympathy with the plight of the peli. = ’ tioners if they are to be evicted from their apartment, nevettheless, I am of the opinion that, it the absence of a cledr expression of legislative intent to the contrary, if the Authority is under no.obligation to give a reason in support of its determination to terminate the tenancy. It was said in Brand v. Chicago Housing Authority (120 F. 2d 786, 789): “We do not doubt, as-pointed“out by plain- - tiffs, but that. their eviction wil] result in hardships. This is a result which inevitably follows upon the termination of any lease which, by its terms,.has been advantageous to the lessee. Such a consequence, however, regrettable as it is, can not determine the rights of the parties as fixed by law and the terms of the lease.” In ‘my opinion, the public nature of :the Authority’s, ac! a tivities and purposes does not affect its: right -to rely » on: | ee the express provisions of the lease. There is no obligation ; ; either under the terms of the ‘lease or by statutony Or .. constitutional Jaw which compels the Authority to give. reasons for the termination of the lease. The petitioners’ position rests largely on the underlying premise, although wen - 58a Opinion of March 11, 1968 ; _w@ not. specifically urged, that by reason of their acceptance ’ as tenants they acquired a vested property right which could not, be destroyed by what is claimed to have been . the unreasonable and arbitrary act of the- Authority in - ! terminating the lease without giving the reasons therefor. ) _ However, the petitioners have’ no inherent right ta-the i continuation of their tenancy in the public housing proj- - eet: Any property rights acquired by them were circum- | scribed by the terms and conditions of the lease upon which they were founded. “It.is our opinion that ‘this _ provision with reference to the termination of the tenancy is-valid and binding upon plaintiffs in the same manner = _. @& though the lessor had been a private person ‘rather than a Governmental Agency” (Brand v. Chicago H ousing ; Authority, 120. F. 2d 786, 788, supra; -_" v. United fy ” States, 292 ELS. 571). aaa I do not. believe that the Ligtelatore, in enacting the ‘Public Housing Law, intended that a housing authority be required to give notice of the reasons.for the termina-. ~ tion, of a lease whenever it exercises its right .to terminate a month -to-month tenancy pursuant to the provisions of a a written lease. .On. the contrary, if a housing authority | if _ were: compelled to submit to interrogation and investiga- _ . tion of its reasons for desiring possession of its property . at the expiration of each tenant}s lease, it would place. . an unreasonable restraint on its powers and make it more ) —difficult for it to carry out the policies declared by the | | _ Legislature (Housing Authority of City of Pittsburgh v. .. | } ” Turner, 201 Pa. Super. 62, 191 A. 2d 869). | ' In Thorpe v. Housing Authority of City of Durham 7 (386 U.S. 670), the Supreme Court of the United States nx I failed to reach the constitutional issues now raised by | | Po RRR 59a ° ma int Opinion of March 11, 1968 the petitioners.. The Stepan Court ieee the ~~ of the state court on-the ground that after certiorari had been granted: the- United States Department of Housing ~ and Urban Development issued -a circular to local hous- ing authorities which required federally-assisted housing authorities (not herein invofved) to ‘disclose the reasons _- for the termination of leases of their tenants; and held .. that the procedures described in the circular should be followed in that cage. With respect to the petitioner’s contention that she was constitutionally entitled to notice © setting forth the reasons for the termination of ‘her lease, and a hearing thereon, the court stated at pages 671-672: - - “We find it unnecessary to reach the large issues stirred by these claims, because-of a.significant development. that _ has occurred since we granted the. writ of certiorari.” In the absence of any controlling judicial authority to. the contrary, I am of the opinion that ythe | petitioners have’ not been ‘denied due process or deprived of any. constitutional right. by reason ‘of the actions of the Au- thority herein. Accordingly, I would reverse the order _ under review, dismiss the proceeding on the merits, and — confirm the determination of the Greenbiirgh Housing Au- eo thority. - . ° , Christ, J., concurs, --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0044%3A08. Public record. Not legal advice.