Thorpe v. Housing Auth. of Durham - 386 U.S. 670 (1967)
U.S. Supreme Court
Thorpe v. Housing Auth. of Durham, 386 U.S. 670 (1967)
Thorpe v. Housing Authority of the City of Durham
Argued March 21, 1967
Decided April 17, 1967
386 U.S. 670
Petitioner was a tenant in a federally assisted public housing project in Durham, with a lease providing for a month-to-month tenancy terminable by either party on 15 days' notice. The day following her election as president of a tenants' organization, she was given a notice of cancellation of her lease with no reasons stated. Respondent did not accede to her demands for an explanation, but brought an ejectment action when she refused to vacate the premises. An eviction judgment was affirmed by the North Carolina Supreme Court despite petitioner's contention that she was constitutionally entitled to notice containing the reasons for cancellation and a hearing thereon, and her suggestion that the eviction was invalid because it was based on her constitutionally protected associational activities. Following the grant of certiorari, the Department of Housing and Urban Development issued a directive to local housing authorities requiring that tenants be given the reasons for eviction and an opportunity to reply or explain, and that records be kept of evictions, the reasons therefor, and summaries of conferences with tenants in connection therewith.
Held: Since this case would assume a different posture if the procedure in the directive were followed, the judgment is vacated and the case remanded for such further proceedings as may be appropriate in light of the directive.
267 N.C. 431, 148 S.E.2d 290, vacated and remanded.