5.2.1 Lease Violation

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.