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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)

Citation
Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)
Parent Document
Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)
Effective Date
1989-03-27

Other Sections in This Document (72)

Full Text

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42
The lease in the instant case provided generally that "[i]ncreases in rent are to be made effective the first of the month following that in which the change occurred." (Emphasis added). Appellant's lease expressly authorized retroactive rent charges in two places. First, retroactive rent charges were mandated if found to be necessary at the time of a scheduled special reexamination. Second, retroactive rent charges were mandated if it was found that the tenant had misrepresented and/or failed to report facts upon which her rent was based, so that the rent she was paying was less than she would have been charged. Although retroactive rent is mandated only under these two circumstances, the general provision for rent increases likewise may be construed to permit retroactive rent charges in the event that income changes are retroactive, i.e., reflect accrued income. In such a case, the income change can easily be considered to have occurred at the beginning of the accrual period.