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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)

Citation
Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)
Parent Document
Thorpe v. Housing Authority of Durham, 386 U.S. 670 (1967)
Effective Date
1967-06-05

Other Sections in This Document (71)

Full Text

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The circular merely provides that the tenant be told “the reasons for the eviction-, and [be] given an opportunity to make such reply or explanation as he may wish.” .From this it may be inferred that the Housing Authority must have a reason for the eviction. But the circular does not specifically state the reasons which can support eviction; it does not state that a tenant cannot *678be evicted for his stand on. civil rights; it does not even broach the subject. It is argued that the circular provides that the lease can be terminated only after an administrative hearing. It certainly would be desirable if. a housing authority held a hearing prior to the termination of the lease. The circular, which may be no more than a press release, does not so provide. Moreover, is there a constitutional requirement for an administrative hearing where, as here, the tenant can have a full judicial hearing when the authority attempts to evict him through judicial process? Petitioner has had a hearing in the state courts. The immediate question is what reasons can support an eviction after hearing.