Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)

Citation: Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Parent Document: Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-12-01
Original Source: https://www.courtlistener.com/opinion/618130/stevens-v-housing-authority-of-s... ↗

Full Text

1,722 chars

or convicted, she was subjected to an eviction notice.
She described the combination of events as “stressful,”
and as something she would never forget Id.
  As Stevens acknowledged, the shooting itself was a
traumatic event that contributed to her emotional dis-
tress. Receiving an eviction notice holding her re-
sponsible for the actions of others no doubt added to her
distress. But when we consider the nature of HASB’s
action and whether it is “inherently degrading or humili-
ating” to send an eviction notice under these circum-
stances, we must conclude that Stevens has failed in
her burden. An eviction notice is likely to cause anyone
great distress but that distress is not compensable when
the notice has been lawfully issued.
  Although Stevens expresses great outrage at being held
responsible for the actions of Henderson, a person who
was not her guest and who she repeatedly asserts she
could not control, she misunderstands the meaning
of both “guest” and “control” in these circumstances.
Federal statutes and regulations require that all public
housing authorities include in their leases the provision
that applied to Stevens here. In particular, the lease
must provide that “the tenant shall be obligated:”
     (12)(i) To assure that no tenant, member of the
     tenant’s household, or guest engages in: (A) Any
     criminal activity that threatens the health, safety or
     right to peaceful enjoyment of the premises by other
     residents; or (B) Any drug-related criminal activity
     on or off the premises;
     (ii) To assure that no other person under the tenant’s
     control engages in: (A) Any criminal activity that
No. 10-2724                                                 19

Other Sections in This Document (42)

Full Text