Many states allow individual check metering. However, in Louisiana, PHAs are not permitted to institute surcharges based upon check metering. Federal regulations that govern public housing state that individual check metering shall not be used if it is against local law or the policies of the public service commission. The Louisiana Supreme Court ruled in LaNasa v. New Orleans Public Service Commission, Inc. that the resale of electricity through check meters, even in the absence of profit, violated the contract between the customer and the utility company and was against New Orleans Public Service Commission policy prohibiting the resale of electricity.1

From time to time, Louisiana PHAs try to impose charges for utility usage on tenants in master-metered complexes through the use of individual check metering. PHAs may try to set surcharges for excess utility usage or try to use check metering due to pressure from HUD and rising costs. Each PHA must submit an annual budget showing projected income and expenses for the rental of their complexes. Once HUD approves the budget, HUD pays the difference between expenses and income to the PHA. If there is less rent collected or if expenses are higher than anticipated due to high PHA-paid utility costs, for example, the amount of the operating subsidy is insufficient to cover the costs of running the development. Should a Louisiana PHA seek to impose excess utility charges or individual check metering, an advocate should be able to mount a successful legal challenge.

• 166 So. 2d 332 (La. 1953).

Junior v. Housing Authority of New Orleans.1  A consent judgment required HANO to increase the utility allowance schedules that HANO used for its public housing tenants who had tenant-paid utilities. Any former tenant surcharged for electricity consumption after 1-1-82 and before 11-23-88 was entitled to a $250 offset against any debt owed to HANO.

Sylvester v. HUD.2  HUD and the PHA agreed in this consent judgment to increase utility allowances for tenants participating in its Section 8 Moderate Rehabilitation program. $500,000 in refunds were obtained for current and former tenants.

Desire Area Resident Council v. Housing Authority of New Orleans3 . Suit filed on behalf of public housing residents relocated from projects due to demolition or redevelopment under the Uniform Relocation Act. Basis of suit was that the displaced tenants estimated average utility costs had increased under the Section 8 programs or other housing to which they had been relocated because the PHAs’ utility allowances were too low. As a result of the litigation, the PHA raised its utility allowances to appropriate levels and provided monetary relief to tenants for the difference between the estimated average of utility costs and the inadequate utility allowances.

Johnson v. Housing Authority of Jefferson Parish.4  Suit filed based on parish’s failure to adjust utility allowances though utility costs had increased more than 10% since the last adjustment. Fifth Circuit reversed the district court and held that the HCVP rent provisions create enforceable rights. Case later settled with adjustments to allowances.

• 1No. 88-2172 (E.D. La.), 22 Clearinghouse Rev. 1302 (1989).
• 2No. 88-1134 (E.D. La.), 25 Clearinghouse Rev. 1382 (1992).
• 3No. 01-1458 (E.D. La).
• 4442 F.3d 356 (5th Cir. 2006).

Housing Authority of New Orleans v. Haynes.1  Landlord attempted to evict a public housing tenant for “harboring a fugitive” but failed to prove the existence of a lease between HANO and tenant and failed to prove a violation of the lease because no evidence was presented to show tenant knew of her daughter’s warrant for arrest or took action to help her evade arrest.

200 Carondelet v. Bickham.2  Eviction for alleged drug activity reversed because landlord failed to present any physical evidence, expert testimony, or competent lay testimony to prove by a preponderance of the evidence that Permanent Supportive Housing tenant used or sold illegal drugs on the premises. 

Estates New Orleans v. McCoy.3  Arrest of public housing tenant was insufficient evidence of criminal activity to support judgment of eviction after tenant’s charges were dismissed.

Housing Authority of New Orleans v. Sylvester.4  Judgment of possession reversed in favor of tenant because HANO failed to prove by a preponderance of the evidence that tenant violated lease by committing criminal acts after only presenting a police report. “This Court finds nothing in either state or federal jurisprudence that supports the trial court’s declaration that an arrest of a public housing tenant creates a presumption of criminal activity for purposes of eviction.”

Housing Authority of New Orleans v. King.5  Eviction of public housing tenant for criminal activity based only on inadmissible police report and argument of counsel was reversed.

Guste Homes Resident Management Corp. v. Thomas.6  Off-premises crime where there is no showing of any threat to “health, safety or peaceful enjoyment of the premises” of neighbors or staff did not warrant eviction of public housing tenant.

• 12014-1349 (La. App. 4 Cir. 05/13/15), 172 So. 3d 91, 104.
• 22017-0328 (La. App. 4 Cir. 10/25/17), 316 So. 3d 955.
• 32014-0933 (La. App. 4 Cir. 03/18/15), 162 So. 3d 1179.
• 42012-1102 (La. App. 4 Cir. 02/27/13), 110 So. 3d 294.
• 52012-1372 (La. App. 4 Cir. 06/12/13), 119 So. 3d 839.
• 62012-CA-1493 (La. App. 4 Cir. 5/29/13), 116 So. 3d 987.

Housing Authority of New Orleans v. Lee.1  PHA was estopped from evicting where tenant relied on statement by employee that rent would be accepted late.

Housing Authority of New Orleans v. Wilson.2  Lower court dismissed eviction and ordered rent abated where PHA failed to repair fire damage after tenant reported electrical issue. Fourth circuit found error in granting money judgment in summary proceeding, reversed rent abatement, and clarified denial of eviction.

Housing Authority of New Orleans v. Eason.3  Federal statute prohibiting discriminatory treatment based on bankruptcy did not preclude evicting tenant for having violated lease by not paying rent, even though the back-rent obligation had been discharged in bankruptcy.

New Hope Gardens v. Latin.4  Court held that a tenant who lives in federally subsidized housing may also use the state-law remedy of repair and deduct. However, if the tenant has refused to pay rent without making repairs in an attempt to force the landlord to make repairs, the tenant may be evicted for nonpayment of rent.

• 1480 So. 2d 998 (La. App. 4 Cir. 1985).
• 2503 So. 2d 565 (La. App. 4 Cir. 1987).
• 32009-992 (La. 6/26/09), 12 So. 3d 970 (per curiam).
• 4530 So. 2d 1207 (La. App. 2 Cir. 1988).

Monroe Housing Authority v. Coleman.1  PHA attempted to evict tenant for lease violations or other good cause and claimed tenant’s lease had expired. Eviction was denied because supposedly expired lease was not entered into evidence and there was no evidence tenant had been offered a renewal of the lease and failed to sign.

Housing Authority of Sabine Parish v. Lynch.2  Court upheld a denial of eviction where tenant made angry statements to PHA employee—but did not threaten the employee—and refused one re-inspection—but allowed another. Further, the tenant refused to sign lease renewal documents because he was suspicious as a result of the PHA’s efforts to evict him; nothing showed that he was not eligible to renew.

• 146,307 (La. App. 2 Cir. 5/25/11), 70 So. 3d 871.
• 22009-1293 (La. App. 3 Cir. 5/12/10), 2010 WL 1878639.

Apollo Plaza Apartments v. Gosey.1  Court reversed an order evicting a federally subsidized tenant for an alleged lease violation, holding that the notice to vacate served upon the tenant was vague in that it did not specify the grounds for the eviction with enough detail for the tenant to prepare her defense. This case is significant because the notice to vacate was more specific than most notices. It stated the tenant had failed to abide by the rules and regulations of her lease by “using loud and profane language, excessive visitors in and out of her apartment, unauthorized guest staying in the apartment, along with excessive noise coming from your apartment.”

The notice also failed to advise the tenant that she had 10 days within which to meet with the landlord to discuss the termination or to advise her of her right to defend the action in court. The lease required that these statements be contained in the notice of lease termination. Nevertheless, the court held that no prejudice resulted from these omissions.2

200 Carondelet v. Bickham.3  Trial court’s consideration of new allegations noticed the morning of the eviction hearing violated a Permanent Supportive Housing/LIHTC tenant’s due process rights.

Second Zion Baptist Church #1 v. Pamela Jones.4  Where lease requires notice to cure, notice to vacate must be a separate notice and is premature prior to expiration of cure period. “We note that the five days’ notice to vacate, pursuant to La. C.C.P. art. 4701, is not the same as the five days’ written notice to cease and desist activity constituting a ‘nuisance’ under the terms of the lease.”

• 1599 So. 2d 494 (La. App. 3 Cir. 1992).
• 2But see Versailles Arms Apartments v. Pete, 545 So. 2d 1193 (La. App. 4 Cir. 1986) (holding that dismissal of the rule for possession is required for a landlord with the same notice provision in his lease that failed to advise the tenant of her right to defend the action in court or her right to meet with the landlord provided insufficient notice); accord Raintree Ct. Apartments v. Bailey, No. 98-C-1138 (La. App. 5 Cir. 1998), 33 Clearinghouse Rev. 343 (Sept.–Oct. 99).
• 32017-0328 (La. App. 4 Cir. 10/25/17), 316 So. 3d 955.
• 42017-CA-0926 (La. App. 4 Cir. 4/18/18), 245 So. 3d 9.

Numerous Louisiana courts have held that a landlord’s continued acceptance of late payment of rent without any advance notice that timely payments will be required in the future establishes a custom that has the effect of altering the lease. At that point, the landlord is not allowed to refuse late rent payments unless notice of strict compliance with the due date is given to the tenant prior to the month for which payment is sought.1

Second Zion Baptist Church #1 v. Pamela Jones.2  Court held that landlord who accepted a pet deposit materially altered a lease with a no-pet clause to allow for pets and could not evict tenant for having a dog on the property.

• 1Versailles Arms Apartments v. Pete, 545 So. 2d 1193 (La. App. 4 Cir. 1989); Hous. Auth. of Town of Lake Providence v. Burks, 486 So. 2d 1068 (La. App. 2 Cir. 1986); Hous. Auth. of City of Monroe v. Wheatley, 478 So. 2d 569 (La. App. 2 Cir. 1985); Hous. Auth. of Town of Lake Providence v. Allen, 486 So. 2d 1064 (La. App. 2 Cir. 1986).
• 22017-CA-0926 (La. App. 4 Cir. 4/18/18), 245 So. 3d 9.

Steward v. West.1  Payment of rent allowed as bond for subsidized tenant’s injunction against eviction.

Guste Homes Resident Management Corp. v. Thomas.2  Trial court abused discretion by setting appeal bond at $801 where public housing tenant’s rent was only $247 and tenant had previously been granted in forma pauperis status. Court of Appeal ordered bond set at $200.00 and noted “nothing in this Court’s ruling should be construed to prevent realtor from continuing to pay his rent in accordance with the terms of his lease.”

• 1449 F.2d 324 (5th Cir. 1971).
• 22019-C-0988 (La. App. 4 Cir. 11/20/19).