Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)

Citation: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Parent Document: Theodore Hayes v. Philip Harvey, 903 F.3d 32 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-08-31
Original Source: https://www.courtlistener.com/opinion/4531965/theodore-hayes-v-philip-harvey/ ↗

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Here, Harvey provided three different justifications for
his nonrenewal of the Hayes family’s lease: (1) Florence
Hayes’s death; (2) a plan to renovate the unit; and (3) his desire
to move his daughter into the apartment. The District Court
did not reach the question of whether any of these justifications
were legally sufficient, because it held that Harvey did not need
good cause for nonrenewal. As the good cause question may
implicate critical, unresolved factual questions, summary
judgment is inappropriate at this juncture, because we are
unable to conclude that there is no genuine dispute as to any
material fact. See Fed R. Civ. P. 56(a). We will therefore
remand to the District Court so that it may consider in the first
instance whether Harvey has good cause for nonrenewal under
the circumstances of this case. IV. CONCLUSION

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