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April 24, 2013: NHLP Advocacy Leads to Appellate Victory in Due Process Case

The Anchor Pacifica Management Co. v. Green opinion, certified for publication, adopted arguments raised in an amicus brief filed on behalf of the Coalition for Economic Survival by Neighborhood Legal Services of Los Angeles, National Housing Law Project and the Western Center on Law and Poverty.

The Court of Appeal addressed the question of “must a management company operating a senior apartment complex developed with assistance from a [California] local redevelopment agency and subject to agency oversight identify good cause when it evicts a tenant participating in the agency’s housing assistance program upon expiration of the tenant’s lease?”

The plaintiff, Sharon Green, who is disabled and receives federal income-supplement benefits, contended the trial court erred when it denied her motion to dismiss an unlawful detainer action on the ground her eviction without cause from her subsidized apartment at the end of her lease violated her right to due process under the state and federal constitutions or, in the alternative, failed to allow her to present this defense to the jury. The Court agreed that on the facts of this case, Green’s eviction from government-subsidized and regulated low income housing constituted state action that deprived her of a protected property interest.

In a lengthy and well-reasoned opinion, the Court reviewed the factors necessary to determine whether the management company’s unlawful detainer action could be considered “state action” and, ultimately, had “little trouble concluding there was “such a ‘close nexus between the [City] and the challenged action’” that we should treat this “seemingly private behavior’. . . as that of the [City] itself.’” Citing to Brentwood Academy v. Tennessee Secondary School Athletic Assn. (2001) 531 U.S. 288, 295-296. The Court also found that Ms. Green had a protected property interest in the renewal of her lease.

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