Housing Authority of Chester County v. Pappas

34 Pa. D. & C.5th 161, 2013 Pa. Dist. & Cnty. Dec. LEXIS 506
CourtPennsylvania Court of Common Pleas, Chester County
DecidedOctober 31, 2013
DocketNo. 2012-00551
StatusPublished

This text of 34 Pa. D. & C.5th 161 (Housing Authority of Chester County v. Pappas) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Housing Authority of Chester County v. Pappas, 34 Pa. D. & C.5th 161, 2013 Pa. Dist. & Cnty. Dec. LEXIS 506 (Pa. Super. Ct. 2013).

Opinion

TUNNELL, J.,

FINDINGS OF FACT

1. On December 22, 2009, defendant executed a Lease Agreement and Addenda thereto (the “Lease”) with the Housing Authority of the County of Chester, Pennsylvania (the “Housing Authority”) for the premises located at 508 E. Miner Street, Apartment 7, West Chester, Pennsylvania 19382. (P-1).

2. The apartment is located in an independent living facility. The Housing Authority rented the premises to defendant in reliance upon information he provided regarding his physical needs and his ability to live independently. (P-1 at^A).

3. The parties stipulated prior to trial that the Lease is valid and binding upon the parties. (Stipulation, dated 9/11/13).

[163]*163Lease and Addenda

4. The Lease and addenda thereto impose obligations on defendant and set forth the Housing Authority’s remedies if defendant fails to perform his obligations and violates the Lease. (P-1).

5. Paragraph 7 of the Lease, “Obligations of Tenant,” sets forth various material conditions of the Lease. (P-1 at pp. 7-9).

6. The Housekeeping Standards Addendum (“Housekeeping Standards”) to the Lease contains the housekeeping standards that a tenant must follow to avoid violating the Lease terms. Paragraph B of the Housekeeping Standards states that “[t]he Tenant is required to abide by the standards set forth below. Failure to abide by the Housekeeping Standards is a violation of the lease terms and can result in eviction.” (P-1 at pp. 24-25).

7. Paragraph 12 of the Lease governs termination of the Lease. It states that the Housing Authority “shall not terminate or refuse to renew the Lease other than for serious or repeated violation of material terms of the Lease such as failure to make payments due under the Lease or to fulfill the Tenant obligations set forth herein, or for other good cause....” (P-1 atpp. 11-12).

8. Pursuant to paragraph 6 of the Lease, the Housing Authority is obligated to notify tenants of the specific grounds for any proposed adverse action by the Housing Authority, including proposed lease terminations. Paragraph 6.H. 1 provides that in the case of termination, a notice of lease termination that complies with paragraphs 12.B and C of the Lease shall constitute adequate notice of such action. (P-1 at p. 6).

[164]*164Defendant’s Lease Violations

9. Defendant’s Lease required him to maintain his apartment in a clean and sanitary manner. (P-1 at p.24, P-1 at Housekeeping Standards B).

10. Over the course of his tenancy, defendant repeatedly violated material terms of the Lease by consistently maintaining his apartment in an unsafe, filthy, and cluttered condition.

December 6,2010 Inspection

11. On December 6, 2010, the Housing Authority conducted a Uniform Physical Condition Standards (“UPCS”) inspection of defendant’s apartment. (P-2).

12. During the inspection, the Housing Authority took photographs of defendant’s apartment to document any Lease violations. (P-3).

13. The Housing Authority determined at the inspection that defendant violated the following paragraphs of the Lease:

a. Paragraphs 7.E, F, G, & I and the Housekeeping Addendum when defendant created a health and safety hazard in his apartment by allowing an excessive amount of clutter, debris, and dirt to accumulate; and,
b. Paragraph 7.0 when defendant failed to report to the Housing Authority that there were conditions in his apartment that required repair and that created a health and safety issue.

(P-2).

14. After the inspection, the Housing Authority sent a letter to defendant notifying him that he failed the [165]*165inspection and had violated material terms and conditions of the Lease. (P-2).

June 13,2011 Inspection

15. On June 13,2011, the Housing Authority conducted a UPCS inspection of defendant’s apartment and the inspector documented the findings with photographs. (P-4, 5).

16. The Housing Authority determined at the inspection that defendant violated the following paragraphs of the Lease:

a. Paragraph 7 and the Housekeeping Addendum when defendant blocked ingresses and egresses from his apartment by taping cardboard to the living room, kitchen, and bedroom windows in his apartment; and,
b. Paragraph 7 and Housekeeping Addendum when defendant created health and safety hazards in his apartment by storing car tires and car fenders in his apartment and having dirty undergarments strewn about his kitchen. (P-4).

17. After the inspection, the Housing Authority sent a letter to defendant notifying him that he failed the inspection and had violated material terms and conditions of the Lease.

(P-4).

August 1,2011 Inspection

18. On August 1, 2011, the Housing Authority again conducted a UPCS inspection of defendant’s apartment and the inspector documented the findings with photographs. (P-6).

[166]*16619. The Housing Authority determined that defendant violated the following paragraphs of the Lease:

a. Paragraph 7 and the Housekeeping Addendum when defendant created health and safety hazards in his apartment by allowing an excessive amount of debris and clutter to accumulate in his apartment; and,
b. Paragraph 7 when defendant failed to report to the Housing Authority that there were conditions in his apartment that required repair and that created a health and safety issue. (P-4).

20. Thereafter, the Housing Authority began proceedings to evict defendant.

Notice to Quit

21. On August 25, 2011, the Housing Authority sent defendant a notice to wuit pursuant to paragraph 12 of the Lease. (P-8).

22. The notice to quit identified in over three pages defendant’s repeated violations of the material terms and conditions of the Lease and directed defendant to vacate the premises on or before September 26, 2011. (P-8).

23. The notice to quit also detailed defendant’s rights under the Lease’s grievance procedure and federal regulations that govern the Housing Authority. (P-8).

24. Lastly, the notice to quit informed defendant that the Housing Authority would file a landlord and tenant complaint if he did not vacate as requested. (P-8).

25. Defendant did not exercise his rights under the grievance procedure and he did not vacate his apartment on or by September 26, 2011.

[167]*167Subsequent Lease Violations

26. On November 18, 2011 and December 14, 2011, the Housing Authority again conducted inspections of defendant’s apartment and determined that defendant had violated the same material terms and conditions of the Lease that he violated on December 6, 2010, June 13, 2011, and August 1, 2011. (P-9,10).

27. On November 18, 2011, the Housing Authority determined that defendant had violated Paragraph 7 of the Lease when he created a health and safety hazard in his apartment by allowing an excessive amount of clutter to accumulate in his apartment. (P-9).

28.

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Bluebook (online)
34 Pa. D. & C.5th 161, 2013 Pa. Dist. & Cnty. Dec. LEXIS 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-authority-of-chester-county-v-pappas-pactcomplcheste-2013.