Mercy v. Johnson
23CA1536
| Colo. Ct. App. | Aug 15, 2024Background
- Devette Johnson, diagnosed with a traumatic brain injury (TBI), was a resident in a Denver apartment complex managed by Mercy Housing Management Group, Inc., which required annual financial recertification under federal low-income housing regulations.
- Mercy Housing initiated eviction (FED) proceedings against Johnson, citing lease violations including failure to recertify, disruptive behavior, and causing excessive noise/traffic.
- Johnson requested reasonable accommodations under state and federal fair housing laws, seeking additional time and specific notice procedures for alleged violations, due to his cognitive disabilities.
- The parties entered into a stipulation in county court allowing Johnson to remain if he met certain conditions; if violated, Mercy Housing could move to reopen the eviction case.
- After allegations of noncompliance, Mercy Housing reopened the proceedings and obtained a judgment for possession; Johnson's attempts to raise fair housing law violations as a defense were rejected by the district court, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can tenant assert a CFHA/FHA affirmative defense in FED action? | No, only stipulation compliance at issue | Yes, CFHA/FHA defenses apply to enforcement | Tenant can assert CFHA/FHA as affirmative defense |
| Did Johnson waive CFHA/FHA rights via stipulation? | Stipulation waives future defenses | No prospective waiver of such rights | No waiver; stipulation allows defenses |
| Should evidence re: reasonable accommodations be excluded? | Irrelevant to stipulation enforcement | Central to defense and statutory rights | District court erred by excluding evidence |
| Did district court err in procedural rulings? | No—amended answer, counterclaims barred | Procedures prevented fair defense raising | Procedural error prejudiced Johnson |
Key Cases Cited
- Miller v. Amos, 2024 CO 11 (Colo. 2024) (tenants may assert CFHA violations as affirmative defense in FED actions, even in expedited proceedings)
- Miles v. Fleming, 214 P.3d 1054 (Colo. 2009) (addresses the expedited nature and statutory requirements of FED actions)
- Butler v. Farner, 704 P.2d 853 (Colo. 1985) (reiterates due process right to present available defenses in FED actions)
- Ringquist v. Wall Custom Homes, LLC, 176 P.3d 846 (Colo. App. 2007) (addresses interpretation of settlement agreements)