Supreme Court rules against low-income renter
November 9, 2007
DES MOINES (AP) — The Iowa Supreme Court on Friday sided with a local housing agency that sought to evict a tenant whose rent was subsidized despite winning $75,000 while gambling.
The ruling overturned a court of appeals decision, which dismissed a district court’s ruling in favor of the Des Moines Municipal Housing Authority. The agency sought to evict Charmaine Hunter from a house after she was found to have violated terms of her lease agreement, including failing to accurately report her income and allowing an unauthorized person to live in the house, records show.
Hunter had lived in a house since 1988, paying $12 a month rent.
According to records, Hunter and a man who was sharing her apartment each won $75,000 at Prairie Meadows Racetrack and Casino in 1999.
Court documents show that the agency discovered the violations in 2001 and served Hunter with a notice that it was terminating her lease and ordered her to vacate the property. It also served her with a forcible entry and detainer action.
Hunter filed a complaint against the agency, claiming breach of contract and abuse of process, and the housing agency filed a counterclaim for breach of contract and sought to recover the amount of rent she would have been required to pay if she had properly disclosed her income.
A district court dismissed Hunter’s claim and ordered her to pay $20,000 in past due rent.
Hunter appealed and the Iowa Court of Appeals reversed the district court decision, ruling there was sufficient evidence to support her claim of breach of contract.
Both sides asked the Supreme Court for further review.
The Supreme Court reversed the court of appeals decision, ruling that the district court properly granted the housing agency’s motion for dismissal of Hunter’s claim. It ruled there was insufficient evidence to support her argument that the housing agency used a forcible entry and detainer action for an improper and illegal purpose.