Minnesota Court of Appeals

Cimarron Village v. Washington

659 N.W.2d 811 (Minn. Ct. App. 2003) — Decided April 22, 2003

Summary

Affirmed eviction of a tenant in federally subsidized housing under 26 USC § 42, holding that good cause existed based on numerous lease violations.

Why This Case Matters

Cimarron Village v. Washington is an important Court of Appeals decision for tenants in federally subsidized housing. The case addressed the “good cause” standard that applies to evictions from properties receiving federal tax credits under 26 USC § 42 (the Low-Income Housing Tax Credit program). Unlike market-rate tenancies, subsidized housing evictions require the landlord to show good cause for termination. This case clarified what constitutes good cause and how courts evaluate it.

The Facts

Washington was a tenant at Cimarron Village, a housing complex that received federal low-income housing tax credits under 26 USC § 42. Washington accumulated numerous lease violations. The landlord sought to evict Washington, and the tenant challenged the eviction, arguing the landlord lacked good cause. The district court found good cause existed based on the pattern of lease violations and ordered eviction. The tenant appealed.

What the Court Decided

The Court of Appeals affirmed the eviction. The court held that the landlord had demonstrated good cause to terminate the tenancy based on Washington’s numerous lease violations. The court examined the “good cause” requirement that applies to federally subsidized housing under 26 USC § 42 and concluded that repeated lease violations constitute sufficient grounds. The eviction was upheld.

What This Means for You

Subsidized housing has extra protections: If you live in housing that receives federal tax credits under 26 USC § 42, your landlord must show “good cause” to evict you. This is a higher standard than for market-rate housing.
Good cause includes repeated lease violations: While the good cause requirement offers protection, a pattern of lease violations can meet that standard. If your landlord has documented multiple violations, take them seriously.
Show up to your court hearing: Even if you think the eviction is inevitable, appearing at your court hearing is critical. You may have defenses you do not know about, and failing to appear results in a default judgment against you.