River Garden Apartments v. Robinson

108 So. 3d 352, 2012 La.App. 4 Cir. 0938, 2013 WL 264633, 2013 La. App. LEXIS 99
CourtLouisiana Court of Appeal
DecidedJanuary 23, 2013
DocketNo. 2012-CA-0938
StatusPublished
Cited by5 cases

This text of 108 So. 3d 352 (River Garden Apartments v. Robinson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
River Garden Apartments v. Robinson, 108 So. 3d 352, 2012 La.App. 4 Cir. 0938, 2013 WL 264633, 2013 La. App. LEXIS 99 (La. Ct. App. 2013).

Opinion

TERRI F. LOVE, Judge.

| jThis appeal arises from Marie Robinson’s eviction from River Garden Apartments. The trial court found that Ms. Robinson violated her lease and gave her twenty-four hours to vacate. Ms. Robinson alleged that the trial court’s denial of her exception of prematurity and exception to vagueness are reversible error. Ms. Robinson also argues that River Garden Apartments did not have sufficient evidence from which a trier of fact could reasonably conclude that Ms. Robinson, her household, or her guests engaged in criminal activity that was either drug related or threatened the health, safety, or right to peaceful enjoyment of the premises.

We find that the trial court did not err in denying defendant’s exception of prematurity or vagueness. We also find that there is sufficient evidence to conclude that Ms. Robinson’s guests engaged in criminal activity that threatened the health, safety, or right to peaceful enjoyment of the premises.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Ms. Robinson leased an apartment from River Garden Apartments (“River Garden”). Her rental unit was a part of public housing as funding was received from the U.S. Department of Housing and Urban Development. Additionally,J^River Garden acts as an agent or instrument of the Housing Authority of New Orleans in operating the public housing units contained at the River Garden development. For the purposes of federal statutes and regulations, River Garden is considered a public housing agency.

Following complaints made to River Garden management and at least one letter titled “Disturbing the Peaceful Enjoyment,” Ms. Robinson received a notice to vacate her residence at 1811 Chippewa Street in the River Garden complex. River Garden cited her residence as a meeting place for narcotics dealers and guests of 1811 Chippewa Street selling narcotics in [355]*355and around the premises as its reasoning for the eviction. The notice further indicated that Ms. Robinson was previously-warned about the lease violations. Furthermore, the problem had become a safety and nuisance issue for the residents and management of River Garden. The notice informed Ms. Robinson that due to criminal activity by members of her household and others under her control, her lease was terminated.

Ms. Robinson secured counsel with Southeast Louisiana Legal Services after she received her notice to vacate. Ms. Robinson’s counsel then arranged an informal conference with River Garden management. During the conference, Ms. Robinson’s counsel was able to review pertinent documents relating to her eviction maintained in her tenant file.

Subsequently, a trial on the rule for possession was held. During the hearing, Armand Clavo, Quality of Life Director at River Garden, testified that Ms. Robinson was not evicted for engaging in criminal activity. Rather, the individuals Ms. Robinson invited or allowed to be at her residence, participated in criminal activity while on the property that resulted in her eviction.

[ 3Jayson Germann, who patrols River Garden for criminal violations, testified that on several occasions he set up surveillance on Ms. Robinson’s residence. He stated that he always considered it a “hub ... where if you visit the River Garden, that’s where you see people congregating ... and you see a lot of ... very suspicious people.” Mr. Germann further stated he spends a lot of time on his detail sitting near Ms. Robinson’s residence to make sure his presence is known so that no criminal activity -will occur.

Mr. Germann testified that during his patrol duties, he observed a man who was visiting Ms. Robinson’s residence engaged in criminal activity around the residence.1 Based on his observations, Mr. Germann arrested the individual for possession with the intent to distribute pharmaceutical pills.

Mr. Germann also testified that he was to inform management of any lease violations; and at which time, he began taking photographs during his patrol duties. On one occasion, he took a photograph of two gentlemen who were often seen at Ms. Robinson’s residence. One gentleman became so irate when Mr. Germann took a photograph, Mr. Germann testified he “almost [arrested him] for threats and disturbing the peace,” but elected not to do so.

Officer David Aranda, who lives next door to Ms. Robinson, testified at the hearing that on two occasions he spoke to Ms. Robinson’s son and Ms. Robinson’s brother about smoking marijuana outside her residence. Officer Aranda explained to Ms. Robinson’s brother that he was not to be smoking marijuana outside and that the person whose name is on the lease is responsible for every guest. He further stated that on another occasion he spoke with Ms. Robinson’s son and her [4son’s guest who were smoking marijuana on the porch steps of the residence. He informed them that they were not to smoke marijuana outside, and if they chose to smoke they needed to do it elsewhere, not in front of a residence. Officer Aranda stated that he spoke with Mr. Clavo about the marijuana issue but did not file a formal complaint. Moreover, Officer Aranda testified that “it is just a hostile environment for anybody [356]*356and their family, children and families ... I feel uncomfortable sometimes if I am coming home late at night, I’ll have to make a pass or two just to make sure that it is safe to go inside.” When asked by the trial court if he felt his health, safety, and right to peaceful enjoyment of the residence was affected, Officer Aranda stated “[o]ne hundred percent.”

The trial court found that due to criminal activity taking place at or near Ms. Robinson’s apartment, the health, safety, and right to peaceful enjoyment of the premises by others was affected. From the trial court’s judgment, Ms. Robinson filed a suspensive appeal to this court.

STANDARD OF REVIEW

Am appellate court must review factual determinations made by the trial court using the manifest error or clearly wrong standard. Cottingim v. Vliet, 08-1263, p. 4 (La.App. 4 Cir. 8/12/09), 19 So.3d 26, 28-29; Fairway Estates Homeowners Ass’n, Inc. v. Jordan, 08-0949, p. 2 (La.App. 4 Cir. 5/20/09), 15 So.3d 1011, 1013. “When the factual findings are based on the credibility of witness’s testimony, the appellate court must give great deference to the fact finder’s decision to credit a witness’s testimony.” Cottingim v. Vliet, supra, (quoting Watters v. Dep’t of Soc. Servs., 08-0977, p. 8 (La.App. 4 Cir. 6/17/09), 15 So.3d 1128, 1142). Even if an appellate court feels “its own evaluations and inferences are more reasonable than the factfinder’s, reasonable evaluations of 1 ^credibility and reasonable inferences of fact should not be disturbed upon review where conflict exists in the testimony.” Cormier v. Comeaux, 98-2378, p. 5 (La.7/7/99), 748 So.2d 1123, 1127; River Garden Apartments v. Horton, 06-0540, p. 2 (La.App. 4 Cir. 1/24/07), 948 So.2d 399, 401. Therefore, “[i]f a review of the entire record demonstrates that the trial court’s factual findings were reasonable, the appellate court must affirm.” Pitts v. Louisiana Citizens Prop. Ins. Corp., 08-1024, p. 3 (La.App. 4 Cir. 1/7/09), 4 So.3d 107, 108-09; River Garden Apartments v. Horton, supra.

If the trial court reaches its decision based upon questions of law, the appellate court must review the record using the de novo standard of review. Green v. Auto Club Group Ins. Co., 07-1468, p. 2 (La.App. 4 Cir. 10/1/08), 994 So.2d 701, 703;

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Bluebook (online)
108 So. 3d 352, 2012 La.App. 4 Cir. 0938, 2013 WL 264633, 2013 La. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/river-garden-apartments-v-robinson-lactapp-2013.