Thursday, April 26, 2012
Subsidized housing as a property right
Good tenant news from the Nat'l Housing Law Pjt.: In Anchor Pacifica Management Co. v. Green, California's Second District state appellate court says a landlord of housing that was assisted and supervised by a local redevelopment agency needed good cause to evict a tenant after her lease expired. Also there's some nice language in that opinion harking back to good old Mathews v. Eldridge, a 1976 Supreme Court case that starts from a public benefits recipient's right to continue receiving aid, and links it up with Fourteenth Amendment due process protections of life, liberty and property. As in, people's property, and especially property that they depend on to live, is not to be yanked out from under them without due process of law. The question here was whether the government, as subsidizer of the building, was in some sense represented by the landlord doing the yanking out from under, and the court's answer was yes.