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)
Jurisdiction: United States (federal)
Effective Date: 1967-06-05
Original Source: https://www.courtlistener.com/opinion/107416/thorpe-v-housing-authority-of-durham/ ↗

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The North Carolina Supreme Court affirmed. 267 N. C. 431, 148 S. E. 2d 290. It held that the Housing Authority is the "owner" of the apartment and that petitioner "has no right to occupy it except insofar as such right is conferred upon her by the written lease which she and the [Housing Authority] signed." Id., at 433, 148 S. E. 2d, at 291. Since petitioner had refused to quit after the Housing Authority terminated the lease, she could be evicted so as to restore to the Authority "the possession of that which belongs to it." Id., at 433, 148 S. E. 2d, at 291-292. The court thought it "immaterial what may have been the reason for the lessor's unwillingness to continue the relationship of landlord and tenant . . . ." Id., at 433, 148 S. E. 2d, at 292. Under the rationale of the North Carolina Supreme Court, a public housing authority, organized under state law and operating a housing project financed by federal and state funds, is assimilated to the position of a private property owner who can terminate a lease for any reason or no reason at all.

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