Thorpe v. Housing Authority of Durham

393 U.S. 268, 89 S. Ct. 518, 21 L. Ed. 2d 474, 1969 U.S. LEXIS 2856
CourtSupreme Court of the United States
DecidedFebruary 24, 1969
Docket20
StatusPublished
Cited by1,071 cases

This text of 393 U.S. 268 (Thorpe v. Housing Authority of Durham) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thorpe v. Housing Authority of Durham, 393 U.S. 268, 89 S. Ct. 518, 21 L. Ed. 2d 474, 1969 U.S. LEXIS 2856 (1969).

Opinions

Mr. Chief Justice Warren

delivered the opinion of the Court.

This case raises the question whether a tenant of a federally assisted housing project can be evicted prior to notification of the reasons for the eviction and without an opportunity to reply to those reasons, when such a [270]*270procedure is provided for in a Department of Housing and Urban Development (hereinafter HUD) circular issued after eviction proceedings have been initiated.

On November 11, 1964, petitioner and her children commenced a month-to-month tenancy in McDougald Terrace, a federally assisted, low-rent housing project owned and operated by the Housing Authority of the City of Durham, North Carolina. Under the lease, petitioner is entitled to an automatic renewal for successive one-month terms, provided that her family composition and income remain unchanged and that she does not violate the terms of the lease.1 The lease also provides, however, that either the tenant or the Authority may terminate the tenancy by giving notice at least 15 days before the end of any monthly term.2

[271]*271On August 10, 1965, petitioner was elected president of a McDougald Terrace tenants’ organization called the Parents’ Club. On the very next day, without any explanation, the executive director of the Housing Authority notified petitioner that her lease would be canceled as of August 31.3 After receiving notice, petitioner attempted through her attorneys, by phone and by letter, to find out the reasons for her eviction.4 Her inquiries went unanswered, and she refused to vacate.

On September 17,1965, the Housing Authority brought an action for summary eviction in the Durham Justice of the Peace Court, which, three days later, ordered petitioner removed from her apartment. On appeal to the Superior Court of Durham County, petitioner alleged that she was being evicted because of her organizational activities in violation of her First Amendment rights. After a trial de novo,5 the Superior Court affirmed the [272]*272eviction, and the Supreme Court of North Carolina also affirmed.6 Both appellate courts held that under the lease the Authority’s reasons for terminating petitioner’s tenancy were immaterial. On December 5, 1966, we granted certiorari7 to consider whether petitioner was denied due process by the Housing Authority’s refusal to state the reasons for her eviction and to afford her a hearing at which she could contest the sufficiency of those reasons.

On February 7, 1967, while petitioner’s case was pending in this Court, HUD issued a circular directing that before instituting an eviction proceeding local housing authorities operating all federally assisted projects should inform the tenant "in a private conference or other appropriate manner” of the reasons for the eviction and give him “an opportunity to make such reply or explanation as he may wish.” 8 Since the application of [273]*273this directive to petitioner would render a decision on the constitutional issues she raised unnecessary, we vacated the judgment of the Supreme Court of North Carolina and remanded the case “for such further proceedings as may be appropriate in the light of the February 7 circular of the Department of Housing and Urban Development.” 9

On remand, the North Carolina Supreme Court refused to apply the February 7 HUD circular and reaffirmed its prior decision upholding petitioner’s eviction. Analo[274]*274gizing to the North Carolina rule that statutes are presumed to act prospectively only, the court held that since “[a] 11 critical events” 10 had occurred prior to the date on which the circular was issued “[t]he rights of the parties had matured and had been determined before . . that date.11 We again granted certiorari.12 We reverse the judgment of the Supreme Court of North Carolina and hold that housing authorities of federally assisted public housing projects must apply the February 7, 1967, HUD circular before evicting any tenant still residing in such projects on the date of this decision.13

In support of the North Carolina judgment, the Housing Authority makes three arguments: (1) the HUD circular was intended to be advisory, not mandatory; (2) if the circular is mandatory, it is an unauthorized and unconstitutional impairment of both the Authority’s annual contributions contract with HUD 14 and the lease agreement between the Authority and petitioner; and (3) even if the circular is mandatory, within HUD’s power, and constitutional, it does not apply to eviction proceedings commenced prior to the date the circular was issued. We reject each of these contentions.

I.

Pursuant to its general rule-making power under § 8 of the United States Housing Act of 1937,15 HUD has [275]*275issued a Low-Rent Management Manual,16 which contains requirements that supplement the provisions of the annual contributions contract applicable to project management.17 According to HUD, these requirements “are the minimum considered consistent with fulfilling Federal responsibilities” under the Act.18 Changes in the manual are initially promulgated as circulars. These circulars, which have not yet been physically incorporated into the manual, are temporary additions or modifications of the manual’s requirements and “have the same effect.”19 In contrast, the various “handbooks” and “booklets” issued by HUD contain mere “instructions,” “technical suggestions,” and “items for consideration.” 20

Despite the incorporation of the February 7 circular into the Management Manual in October 1967, the Housing Authority contends that on its face the circular purports to be only advisory. The Authority places particular emphasis on the circular’s precatory statement that HUD “believes” that its notification procedure should be followed. In addition to overlooking the significance of the subsequent incorporation of the circular into the Management Manual, the Authority’s argument is based upon a simple misconstruction of the language actually used. The import of that language, which characterizes the new notification procedure as “essential,” becomes apparent when the February 7 circular is contrasted with the one it superseded. The earlier circular, issued on May 31, 1966, stated: “[W]e strongly urge, as a matter of good social policy, that Local Authorities in a [276]*276private conference inform any tenants who are given . . . [termination] notices of the reasons for this action.” 21 (Emphasis added.) This circular was not incorporated into the Management Manual.

That HUD intended the February 7 circular to be mandatory has been confirmed unequivocally in letters written by HUD’s Assistant Secretary for Renewal and Housing Assistance22 and by its Chief Counsel.23 As we stated in Bowles v. Seminole Rock Co., 325 U. S.

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Bluebook (online)
393 U.S. 268, 89 S. Ct. 518, 21 L. Ed. 2d 474, 1969 U.S. LEXIS 2856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorpe-v-housing-authority-of-durham-scotus-1969.