Lindsey v. Normet, 405 U.S. 56 (1972)

Citation: Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document: Lindsey v. Normet, 405 U.S. 56 (1972)
Jurisdiction: United States (federal)
Original Source: https://www.law.cornell.edu/supct/html/historics/USSC_CR_0405_0056_ZS.html ↗

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We do not know what Oregon would hold if a lease in violation of a housing code was before it in an FED case. But if the lease is a contract, then the opportunity to be heard would certainly embrace the issue of legality, if due process is to have any real significance. Oregon's statutory FED scheme is plainly to protect landlords against loss of rental income during lengthy litigation. See Menefee Lumber Co. v. Abrams, 138 Or. 263, 5 P.2d 709; Friedenthal v. Thompson, 146 Or. 640, 31 P.2d 643. But that is no justification for denial to tenants of due process, as there are other less drastic devices for protecting the landlord. Judge Wright in the Javins case, 138 U.S.App.D.C., at 381 n. 67, 428 F.2d, at 1083 n. 67, proposed 'an excellent protective procedure' in the form of a requirement that the tenant, who raises an affirmative defense based on housing code violations or other discriminatory landlord practices, pay rent into court as it became due. 16 See also Bell v. Tsintolas Realty Co., 139 U.S.App.D.C. 101, 430 F.2d 474 . The District Court in the present case employed a similar procedure. 58

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