Wilhite v. Scott County Housing & Redevelopment Authority, 759 N.W.2d 252 (2009)

Citation: Wilhite v. Scott County Housing & Redevelopment Authority, 759 N.W.2d 252 (2009)
Parent Document: Wilhite v. Scott County Housing & Redevelopment Authority, 759 N.W.2d 252 (2009)
Jurisdiction: Minnesota (state)
Effective Date: 2009-01-13
Original Source: https://www.courtlistener.com/opinion/1783744/wilhite-v-scott-county-housing-... ↗

Full Text

1,119 chars

. The hearing officer concluded that "a preponderance of evidence supports the fact that Barbara Wilhite did in fact seriously and repeatedly violate a provision of her lease on numerous occasions as noted above and this led to a court-ordered eviction....” But we observe that the findings of fact state that "had Ms. Wilhite moved from her assisted unit in response to the non-renewal notice she received and had no eviction action been filed the HRA would not have taken a termination action against her.” The district court's eviction order clearly indicates that the sole ground for eviction was Wilhite's failure to vacate after the expiration of the lease. The undisputed testimony before the hearing officer was that the sole reason for Wilhite’s eviction and resulting termination of Section 8 benefits was Wilhite's failure to vacate the premises. There is no evidence to support a conclusion that the previous lease violations were the basis for the HRA’s termination decision. Thus, we conclude that the HRA was not constitutionally required to provide to Wilhite a notice listing previous lease violations.

Other Sections in This Document (56)

Full Text