Estado Libre Asociado De Puerto Rico v. Cristobal Balay, Alixmarie
KLAN202400435
Tribunal De Apelaciones De Pue...Jul 12, 2024Background
- The Puerto Rico Administration of Public Housing (Administración de Vivienda Pública, "AVP") filed a suit to evict Alixmarie Cristóbal Balay from public housing for alleged non-payment of rent.
- AVP claimed Cristóbal Balay's lease was cancelled due to unpaid rent, and she was now a "precarista" (occupying without legal right).
- The court of first instance issued a default judgment against Cristóbal Balay after she failed to appear at a videoconference hearing.
- Cristóbal Balay appealed, arguing she lacked financial resources, attempted partial payment, and was denied due process.
- The AVP sought dismissal of the appeal on procedural grounds, alleging it was filed late.
- The Appeals Court reviewed whether due process requirements were observed by the lower court in the eviction proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Default judgment in eviction without defendant present | Cristóbal: Denial of due process, no opportunity to defend | AVP: Proper service, non-payment, lease terminated | Default judgment improper without ensuring due process |
| Notice and evidence of debt and lease cancellation | Cristóbal: No formal notice, tried to pay part of the debt | AVP: Lease cancelled for non-payment, tenant now "precarista" | AVP failed to provide contract or evidence, reversal |
| Compliance with public housing regulations | Cristóbal: AVP did not follow required cancellation procedures | AVP: Initiated process as per regulations, due process followed | AVP failed to follow their regulation, reversal |
| Timeliness of appeal (jurisdictional issue) | Cristóbal: Sought review notwithstanding possible late filing | AVP: Appeal filed outside 5-day window, court lacks jurisdiction | Appeal must be heard on the merits, not dismissed |
Key Cases Cited
- Hernández Maldonado v. Taco Maker, 181 D.P.R. 281 (P.R. 2011) (strict compliance with procedural rules, exceptions to dismiss for failure)
- Román et als. v. Román et als., 158 D.P.R. 163 (P.R. 2002) (describing desestimación as last resort in appellate procedure)
- Turabo Ltd. Partnership v. Velardo Ortiz, 130 D.P.R. 226 (P.R. 1992) (summary eviction procedures and conversion to ordinary process when defenses raised)
- Goldberg v. Kelly, 397 U.S. 254 (U.S. 1970) (necessity of pre-termination hearing for welfare and housing benefits)
- Cruz v. Peña Ubiles, 95 D.P.R. 311 (P.R. 1967) (protecting tenants from arbitrary eviction without cause)