Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)

Citation: Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Parent Document: Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Jurisdiction: United States (federal)
Effective Date: 1986-04-21
Original Source: https://www.courtlistener.com/opinion/467524/alice-ward-v-downtown-developmen... ↗

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This case is similar in all relevant respects to Jeffries v. Georgia Residential Finance Authority, 678 F.2d 919 (11th Cir.1982), cert. denied, 459 U.S. 971, 103 S.Ct. 302, 74 L.Ed.2d 283 (1982). In that case, tenants evicted from federally subsidized housing without any determination that "good cause" for the evictions existed argued that they had thereby been deprived of property without due process. The landlord argued, inter alia, that the tenants had no property interest in continued occupancy because the lease and Georgia law permitted termination without cause upon thirty-days written notice, which had been provided. The court found that the federal statutory scheme granted the Public Housing Authority ("PHA") the authority to terminate a tenancy only upon a finding of just cause. It held that the tenants retained a protected property interest in their leases despite having received legally sufficient notice to terminate because the PHA had the authority to evict only for cause. Id. at 927. Appellants in this case similarly retained a protected property interest in continued occupancy despite legally sufficient notice to terminate because the DDA had the authority to pursue a renewal project only upon compliance with Sec. 21.4

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