116 So. 3d 987
La. Ct. App.2013Background
- Guste filed a rule for possession to evict Renard Thomas based on his criminal activity.
- Trial court dismissed the rule for possession, finding Guste failed to prove the activity threatened health, safety, or peaceful enjoyment.
- Thomas leased a public housing unit managed by Guste, under HANO and applicable federal/state law.
- News coverage reported Thomas’s theft at the New Orleans Arena; Guste conducted its own investigation and found charges of theft and possession of stolen goods.
- Guste served notices to vacate in Dec. 2011 and filed the rule for possession in Feb. 2012; the trial court granted involuntary dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the involuntary dismissal proper? | Guste contends trial court erred in granting dismissal. | Thomas argues insufficient evidence to evict. | Affirmed the dismissal; insufficient threat shown. |
| Did Thomas' criminal activity threaten health, safety, or peaceful enjoyment? | Thomas violated lease and federal rules; activity harmed premises. | Criminal activity did not demonstrate a concrete threat to others. | No substantial proof of threat; failed preponderance standard. |
| Does the One Strike policy apply to this eviction proceeding? | Policy supports eviction for criminal activity under lease and federal law. | Policy limitations require clear health/safety threat criteria. | Policy interpreted to require health/safety threat; not satisfied here. |
| What standard governs appellate review of the ruling? | Standard supports reversal if error evident. | Review should defer to trial court on credibility and inferences. | Manifest error standard; findings reasonable; no reversal. |
Key Cases Cited
- Kelly v. Housing Authority of New Orleans, 826 So.2d 571 (La.App. 4 Cir. 2002) (manifest error standard for involuntary dismissal)
- Morgan v. City of New Orleans, 647 So.2d 1308 (La.App. 4 Cir. 1994) (reasonable evaluations of credibility reviewed, deferential standard)
- Stobart v. State, Dept. of Trans. & Dev., 617 So.2d 880 (La.1993) (credibility and inferences reviewed; internal consistency matters)