Cuyahoga Metropolitan Housing Authority v. Davis
967 N.E.2d 1244
Ohio Ct. App.2011Background
- CMHA filed a forcible-entry-and-detainer action against Davis seeking restitution of the premises.
- Hearing referenced two incidents (Nov. 13 and Nov. 15, 2009) where individuals in Davis’s apartment possessed marijuana.
- CMHA officers testified Lawson and Smith had marijuana; Lawson was found hiding in Davis’s apartment, Smith on Davis’s couch.
- Davis testified she allowed Lawson and Smith into her apartment; she claimed she did not know they possessed drugs.
- The magistrate found Davis violated R.C. 5321.05(A)(9) and that the drug activity occurred on the premises or was facilitated by Davis.
- The trial court affirmed and awarded restitution, citing federal and state lease obligations against drug-related activity, and the trial court’s modification reflected grounds under 42 U.S.C. 1437d(l)(6) and HUD 24 C.F.R. 966.4(f)(12).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether eviction was proper based on drug activity by others | Davis allowed or failed to prevent drug activity on premises. | Davis was innocent of the drug activity and had no knowledge. | Yes; evidence supports eviction despite innocence |
| Whether the eviction is justified when tenant had no knowledge of guests' drugs | Innocent tenants may still be evicted under the lease terms and federal law. | Innocent tenant defense should prevent eviction when tenant lacked knowledge. | Yes; strict liability applies and eviction affirmed |
Key Cases Cited
- Department of Hous. & Urban Dev. v. Rucker, 535 U.S. 125 (U.S. Supreme Court, 2002) (tenancy termination for drug-related activity may be exercised without tenant knowledge)
- Dayton Metro. Hous. Auth. v. Kilgore, 2011-Ohio-3283 (2d Dist. No. 24250, 2011) (no-fault eviction upheld where tenant opened premises to guests who engaged in drug activity)
- CMHA v. Harris, 139 Ohio Misc.2d 96 (Ohio Misc. 2006) (innocent-tenant defense rejected when guest drug activity occurred on premises)
- Lee v. Mendel, 10th Dist. No. 98AP-1404 (1999) (appellate review limits on manifest weight arguments; credibility of witnesses)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (standard for reviewing weight of the evidence)