Hedco, Ltd. v. Blanchette, 763 A.2d 639 (2000)

Citation: Hedco, Ltd. v. Blanchette, 763 A.2d 639 (2000)
Parent Document: Hedco, Ltd. v. Blanchette, 763 A.2d 639 (2000)
Jurisdiction: Rhode Island (state)
Effective Date: 2000-12-26
Original Source: https://www.courtlistener.com/opinion/5137835/hedco-ltd-v-blanchette/ ↗

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Here, defendant’s apartment was subsidized by HUD, which paid over 75 percent of her rent, and a landlord seeking to evict a tenant was required to send a termination notice that complied with federal regulations as set forth in 24 C.F.R. § 247.4(a)(1). The landlord did appropriately modify the notice to comply with the ten-day time period, during which a tenant could cure the breach of nonpayment as required by section 4350.3 of the HUD handbook and section 23(b) of the parties’ lease agreement. However, the notice informed plaintiff only that “your tenancy will be terminated and an eviction notice may be initiated in court against you on or after June 29, 1998.” Significantly, 24 C.F.R. § 247.4(a)(1) requires that the notice to terminate “shall: (1)[s]tate that the tenancy is terminated on a date specified therein.” Section 4-21 of the HUD handbook states that “[t]he owner’s notice must: 1) specify the date the lease will be terminated.” The parties’ lease agreement requires that “[a]ll termination notices must: (1) specify the date this [a]greement will be terminated.”

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