Columbus Metropolitan Housing Authority v. Simpson
| Decision Date | 25 March 1949 |
| Parties | COLUMBUS METROPOLITAN HOUSING AUTHORITY v. SIMPSON et ux. |
| Court | Ohio Court of Appeals |
Rehearing Denied April 5, 1949.
Wm Harvey Jones, of Columbus, for plaintiff-appellee.
H B. Yarnell, of Columbus, for defendants-appellants.
This is an appeal on law from the Municipal Court of Columbus which rendered judgment against the defendants-appellants in a forcible entry and detainer action. The defendants assign as error that the judgment is contrary to law and that the Court erred in refusing to enter a separate finding of facts and conclusions of law requested by defendants.
The plaintiff, The Columbus Metropolitan Housing Authority introduced the lease under which the defendants occupied the premises and a fifteen days' notice that the lease was terminated, the statutory three days' notice to leave the premises, both notices being properly served on defendants and rested. No defense was interposed.
The lease, which was executed in February, 1946, contained a provision that the lease was automatically renewed from month to month unless terminated by either party upon giving fifteen days' notice in writing. The evidence shows that the fifteen days' notice was served on September 15, 1948, terminating the lease as of September 30, 1948. The three days' statutory notice was served on October 1, 1948, and suit was instituted on October 7, 1948. Judgment was rendered on October 20, 1948. On October 23, 1948, a motion for new trial was filed which was overruled on November 8, 1948. On November 9, 1948, the defendants filed a request for a separate finding which was on that date denied.
The request for a separate finding was not seasonably made and no error resulted in denying the request.
The plaintiff contends that the serving of the fifteen days' notice terminated the lease according to its terms and that thereafter the defendants held over their term; and that plaintiff is entitled to restitution under the law of this state. The defendants contend that even though the fifteen days' notice has been given, terminating the lease, they cannot be evicted without some cause being shown other than the termination of the lease.
The plaintiff, The Columbus Metropolitan Housing Authority, is a corporation organized under the laws of the State of Ohio.
Section 209(a) of the Housing and Rent Act of 1947, 50 U.S.C.A.Appendix, § 1899(a), sets forth in six separate paragraphs grounds on which a tenant may be evicted. However, Section 209(b) of the same Act became effective July 1, 1947, Public Law 129, 80th Congress, and provides as follows:
' Notwithstanding any other provision of this Act, the United States or any State or local public agency may maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action or proceeding is authorized by the statute or regulations under which such accommodations are administered: Provided, That nothing in this subsection shall be deemed to authorize the maintenance of any such action or proceeding upon the ground that the income of the occupants of the housing accommodations exceeds the allowable maximum unless such income, less any amounts paid to such occupants by the Veterans' Administration on account of service-connected disability or disabilities, exceeds the allowable maximum.' (Emphasis ours.)
The effect of subsection (b) of Section 209 was to remove Housing Authorities from the necessity of complying with the provisions of Section 209(a). Under the provisions of Section 209(b) a Housing Authority may maintain an action to evict a tenant 'where such action or proceeding is authorized by the statute or regulation under which such accommodations are administered'. This particular provision was preserved in Public Law 301 known as the McCarthy Act,...
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