FLAMM v. REAL-BLT, INC., Dba PONDEROSA ACRES

Background

A low-income tenant lives in federally subsidized housing built and run by the housing project's operator. The operator sent the tenant a notice to quit on September 26, 1974, invoking a lease clause that lets either side end the lease with 30 days' written notice. The tenant sued in Montana trial court, arguing the project was so intertwined with the Federal Government that the Fifth Amendment's due process protections applied and that she was entitled to a statement of reasons and a hearing before eviction. The trial court agreed, but the Montana Supreme Court reversed and did not rely on the lease provision.

Reasoning

The Justice considered the lease's clear termination clause and concluded that, if the U.S. Supreme Court were to hear the case, it likely would not need to decide whether federal due process applies to the housing project. He noted the Montana court had described the lease clause without relying on it and stated that at least four Justices would not vote to agree to hear the case. On that basis the Justice found no basis to halt the Montana court's judgment and denied the requested stay.

Real world impact

The denial of the stay allows the state-court judgment to take effect and the eviction to proceed on the scheduled date. Because the Justice declined to resolve the constitutional question, whether federal due process limits apply to federally connected housing remains undecided by the U.S. Supreme Court.