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CHARLOTTE HOUSING AUTHORITY v. PATTERSON

No. 9326DC1269.

464 S.E.2d 68 (1995)

120 N.C. App. 552

CHARLOTTE HOUSING AUTHORITY, Plaintiff, v. Roxieanne PATTERSON, Defendant.

Court of Appeals of North Carolina.

November 7, 1995.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A. by Robert C. Sink and Edward F. Hennessey, IV, Charlotte, for plaintiff-appellant.

Legal Services of Southern Piedmont, Inc. by Theodore O. Fillette, III, Linda S. Johnson, and Cindy M. Patterson, Charlotte, for defendant-appellee.

Constance A. Wynn, Robert V. Zener, U.S. Dept. of Justice, Washington, DC, for Department of Housing and Urban Development, amicus curiae.

JOHN C. MARTIN, Judge.

The sole issue in this case is whether the trial court was correct in concluding that under 42 U.S.C. § 1437d(l)(5) a public housing tenant may not be evicted when she was not personally at fault for a breach of the lease by a member of her household. For reasons stated below, we affirm the decision of the trial court.

North Carolina law requires eviction of residential tenants...

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