Green

Anchor Pacifica Management Co. v. Green

Good Law
140 Cal. Rptr. 3d 524·2012 Cal. App. LEXIS 462·205 Cal. App. 4th 232·2012 WL 1382577
Court of Appeal of CaliforniaApril 23, 2012No. B237629California5,429 words

Opinion

Lead Opinion

Perluss, J.

Must a management company operating a senior apartment complex developed with assistance from a 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? Sharon Green, who is disabled and receives federal income-supplement benefits, contends the trial court erred when it denied her motion to dismiss this 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. We agree on the facts of this case Green’s eviction from government-subsidized and *237 regulated low-income housing constituted state action that deprived her of a protected property interest. Accordingly, we reverse the judgment entered after a jury rejected Green’s alternate defense of retaliatory eviction and order judgment entered in her favor.

FACTUAL AND PROCEDURAL BACKGROUND

In 1990 the City of Glendora Community Redevelopment Agency (City) entered…

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