Thorpe v. Housing Authority of Durham

Background

A woman who lived with her children in a federally assisted low-rent project in Durham was given a 15-day written notice to quit her month-to-month lease the day after she was elected president of a tenants’ group. She asked the housing authority for the reasons but got no explanation, and the authority then started summary eviction proceedings. Lower North Carolina courts upheld the eviction, saying the authority’s reasons did not matter under the lease.

Reasoning

While this case was pending, the Department of Housing and Urban Development (HUD) issued a February 7, 1967 circular directing local housing authorities to inform tenants, in private, of the reasons for proposed eviction and to give tenants a chance to reply; HUD later incorporated the circular into its management manual. The Supreme Court examined whether that circular was mandatory, whether HUD had authority to issue it, and whether it applied to eviction proceedings begun before the circular was issued. The Court found the circular was intended to be mandatory, that HUD had valid rulemaking power under the Housing Act, and that the circular was reasonably related to the Act’s purpose of providing decent housing.

Real world impact

The Court reversed the state supreme court and held that HUD-assisted housing authorities must follow the February 7, 1967 circular before evicting any tenant still residing in such projects at the time of this decision. The opinion did not decide whether every arbitrary eviction would violate due process or define the exact hearing procedures; those issues remain for later proceedings if needed.

Dissents or concurrances

Justice Black wrote separately to note the authority already said it was complying with HUD and agreed the circular should apply to this tenant, limiting further decision.