Mercy v. Johnson
23CA1536
| Colo. Ct. App. | Aug 15, 2024Background
- Devette Johnson, who suffers from a traumatic brain injury and is legally disabled, lived in a Mercy Housing-managed apartment regulated under the Low-Income Housing Tax Credit Program.
- In July 2022, Mercy Housing sought Johnson’s eviction, claiming he failed to complete financial recertification paperwork and violated lease terms by disruptive conduct.
- Johnson requested reasonable accommodations for his disability, including additional notice and time to address alleged violations. The parties entered a Non-Judgment Stipulation allowing Johnson to stay if he complied with certain terms.
- Mercy Housing later moved to reopen the eviction case, alleging Johnson violated the terms of the stipulation, and Johnson sought to raise affirmative defenses under the Colorado and federal Fair Housing Acts (CFHA and FHA).
- The district court struck Johnson’s amended answer and precluded his CFHA and FHA defenses, granting Mercy Housing possession.
- Johnson appealed, arguing he should have been allowed to raise reasonable accommodation and discrimination as affirmative defenses under the CFHA and FHA in the eviction proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can tenant assert CFHA/FHA affirmative defenses in expedited eviction? | No; stipulation violated, only contract issue | Yes; discrimination/CFHA defense always available | Yes; tenant has right to assert CFHA/FHA defenses |
| Did stipulation waive these defenses? | Yes; parties settled accommodation issues | No; no prospective waiver allowed | No; stipulation did not waive these rights |
| Should evidence of Mercy’s failure to accommodate be considered? | No; not relevant under stipulation | Yes; goes to reasonableness/enforceability | Yes; must be considered on remand |
| Should the order of possession stand given these errors? | Yes; court ruled on contract only | No; rights as disabled tenant ignored | No; reversed and remanded |
Key Cases Cited
- Miles v. Fleming, 214 P.3d 1054 (Colo. 2009) (explains expedited nature of FED/eviction proceedings)
- Miller v. Amos, 2024 CO 11 (Colo. 2024) (holding tenants may assert CFHA violations as affirmative defenses in eviction actions)
- Butler v. Farner, 704 P.2d 853 (Colo. 1985) (underlines due process requires full opportunity to present defenses in eviction)
- Pima Fin. Serv. Corp. v. Selby, 820 P.2d 1124 (Colo. App. 1991) (explains how post-settlement motions may be treated as complaint/answer equivalents)
- Ringquist v. Wall Custom Homes, LLC, 176 P.3d 846 (Colo. App. 2007) (standard for reviewing contract interpretation)