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CAROLYN B. KING v. HOUSING AUTHORITY CITY PITTSBURGH (08/15/85)

decided: August 15, 1985.

CAROLYN B. KING, APPELLANT
v.
HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, APPELLEE. GLORIA HUDSON, APPELLANT V. HOUSING AUTHORITY OF THE CITY OF PITTSBURGH, APPELLEE



Appeals from the Orders of the Court of Common Pleas of Allegheny County in the cases of Housing Authority of the City of Pittsburgh v. Carolyn B. King, No. S.A. 633 of 1982 and Housing Authority of the City of Pittsburgh v. Gloria Hudson, No. S.A. 634 of 1982.

COUNSEL

Catherine T. Martin, with her, Daniel L. Haller, for appellants.

David B. Washington, with him, Lawrence K. Friedman, for appellees.

Judges MacPhail, Barry and Colins, sitting as a panel of three. Opinion by Judge MacPhail. Judge Colins concurs in the result only.

Author: Macphail

[ 91 Pa. Commw. Page 143]

Consolidated for disposition are the appeals of Carolyn B. King and Gloria Hudson (Appellants) from the orders of the Court of Common Pleas of Allegheny County which entered summary judgment in favor of the Housing Authority of the City of Pittsburgh (Housing Authority).

The Housing Authority operates housing for low and moderate income families. Appellants were tenants of the Housing Authority. Their leases provided, in pertinent part:

8. Termination of Lease

A. Management shall not terminate or refuse to renew this Lease other than for serious or repeated violation of material terms of the Lease such as failure to make payments due under the lease or to fulfill the Tenant obligations set forth herein, or for any other good cause. Management shall refuse to renew this Lease if Tenant is subject to two (2) or more Judgments for Possession in any given year between Annual Reviews.

B. Management shall give written notice of termination of this Lease of:

(i) 15 days in case of failure to pay rent;

(ii) A reasonable time commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to the health or safety ...


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