231 N.E.3d 284
Ind. Ct. App.2024Background
- DeMarcus Hazelwood was a subsidized tenant at The Common Wealth Apartments in Indianapolis, a property participating in federal housing programs.
- Common Wealth initiated eviction proceedings against Hazelwood in May 2023, alleging non-payment of rent and improper behavior.
- Hazelwood argued that federal law required the landlord to give a 30-day notice to vacate before filing for eviction, due to the property’s federal subsidies.
- Common Wealth did not provide Hazelwood with a 30-day notice before seeking eviction—contrary to requirements under 15 U.S.C. § 9058(c), part of the CARES Act.
- The trial court ruled in favor of Common Wealth, granting possession of the apartment, and Hazelwood appealed.
- On appeal, the Court of Appeals addressed whether the notice requirement remained in effect after the CARES Act’s eviction moratorium and before the COVID-19 national emergency expired on April 10, 2023.
Issues
| Issue | Hazelwood's Argument | Common Wealth's Argument | Held |
|---|---|---|---|
| Must a federally subsidized landlord give a 30-day notice to vacate before starting eviction? | Yes, federal law (15 U.S.C. §9058(c)) requires 30-day notice before eviction. | The 30-day notice provision ended with the expiration of the CARES Act moratorium. | Yes, 30-day notice was still required; judgment reversed and remanded to dismiss eviction. |
Key Cases Cited
- Inspire Outdoor Living v. Norris, 193 N.E.3d 428 (Ind. Ct. App. 2022) (explains appellate standard when appellee does not file a brief)
- Ramirez v. Wilson, 901 N.E.2d 1 (Ind. Ct. App. 2009) (standard for de novo review of pure legal questions)
- Johnson v. Hous. Auth. of South Bend, 204 N.E.3d 940 (Ind. Ct. App. 2023) (landlord must afford sufficient due process to tenants facing eviction)