5.2.2 Nonpayment

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).