Appeal, No. 131, April T., 1963, from order of Court of Common Pleas of Allegheny County, Excution No. 427, July T., 1962, sur July T., 1962, No. 1701, in case of Housing Authority of City of Pittsburgh v. Genevieve Turner. Order affirmed.
Henry R. Smith, Jr., with him Jones, Smith and Freeland, for appellant.
Everett E. Utterback, for Housing Authority, appellee.
Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
[ 201 Pa. Super. Page 63]
OPINION BY MONTGOMERY, J.
Appellant's petition to open a judgment in ejectment entered against her by virtue of a warrant contained in her lease was refused and this appeal followed.
The lease was from month to month and authorized either the Housing Authority or the tenant to terminate it on fifteen days notice to the other party. It is admitted that the required notice was duly given to and received by the tenant, that the fifteen day period as well as extensions thereof, totaling over a year in time, have expired and that tenant is not in arrears in her rent. No reason was given for the action taken by the landlord.
The argument advanced in support of appellant's petition to open is, that such a provision which requires
[ 201 Pa. Super. Page 64]
no reason to be assigned or hearing afforded to justify or explain the action of the Authority is arbitrary and not enforceable, because it is contrary to public policy and would, if enforced, deprive tenant of her rights without due process of law.
The landlord, the Housing Authority of the City of Pittsburgh, owns and operates the Bedford Dwellings, a low rental housing unit; and appellant is properly included in the group "of low income persons" who are entitled to rent living quarters in such housing unit.
The Housing Authority of the City of Pittsburgh is a public corporate body, created pursuant to federal and state legislation for the purpose of providing housing for persons of low income. ...