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Chicago Housing Authority v. Daughrity

APRIL 18, 1971.

CHICAGO HOUSING AUTHORITY, PLAINTIFF-APPELLEE,

v.

DORIS DAUGHRITY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. WAYNE W. OLSEN, Judge, presiding.

MR. JUSTICE TRAPP DELIVERED THE OPINION OF THE COURT:

The defendant, a tenant in one of the apartments of the Chicago Public Housing Authority, appeals from a summary judgment of eviction in a forcible detainer suit brought by such plaintiff.

On May 22, 1962, plaintiff, a municipal corporation, and defendant entered into a written lease for month to month rental of an apartment which was a unit of "public housing" known as the Robert Taylor Homes. The lease included the following provision:

"After the original term specified herein (ending midnight, May 31, 1962), this lease shall automatically be renewed for successive terms of one calendar month, until terminated by either party hereto by giving to the other party at least fifteen (15) days written notice of such termination." (Parenthesis ours.).

On February 7, 1967, the United States Department of Housing and Urban Development issued a circular to all federally financed housing authorities, which included the plaintiff, as follows:

"Subject: Termination of Tenancy in Low-Rent Projects

Within the past year increasing dissatisfaction has been expressed with eviction practices in public low-rent housing projects. During that period a number of suits have been filed throughout the United States generally challenging the right of a local authority to evict a tenant without advising him of the reasons for such eviction.

Since this is a federally assisted program, we believe it is essential that no tenant be given notice to vacate without being told by the Local Authority, in a private conference or other appropriate manner, the reasons for the eviction, and given an opportunity to make such reply or explanation as he may wish.

In addition to informing the tenant of the reason(s) for any proposed eviction action, from this date each Local Authority shall maintain a written record of every eviction from its federally assisted public housing. Such records are to be available for review from time to time by HUD representatives and shall contain the following information:

1. Name of tenant and identification of unit occupied.

2. Date of notice to vacate.

3. Specific reason(s) for notice to vacate. For example, if a tenant is being evicted for undesirable actions, the record should detail the actions which resulted in the determination that eviction should be instituted.

4. Date and method of notifying tenant with summary of any conferences with tenant, including names ...


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