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State Cases

Prior to the Revenue Ruling, numerous state appellate courts, and doubtless many trial courts, had ruled that owners must have good cause to terminate tenancies.

Cimarron Village Townhomes, Ltd. v. Washington, No. C5-98-15671, 1999 Minn. App. LEXIS 890, 1999 WL 538110 (July 27, 1999) (LIHTC tenants may be evicted only for good cause); Cimarron Village v. Washington, 659 N.W. 2d 811 (Minn. App. 2003) (definition of "good cause" does not include "material noncompliance" with the lease; evidence of lease violations provides good cause to terminate LIHTC tenancy); Bowling Green Manor Ltd. Partnership v. Kirk, No. 94CVG01059, 1995 Ohio App. LEXIS 2707, 1995 WL 386476 (Ohio App. June 30, 1995) (finding sufficient state action to require good cause for termination of LIHTC and Section 8 tenancy); Bowling Green Manor Ltd. Partnership v. LaChance, 1995 Ohio App. LEXIS 2767, 1995 WL 386496 (Ohio App., June 30, 1995) (same); Carter v. Maryland Mgmt. Co., 2003 WL 22533198, 2003 Md. LEXIS 740 (Md. Ct. App. Nov. 10, 2003) (good cause required for termination of LIHTC/Voucher tenancy, but good cause found). See also YWCA v. Park, No. 93SC4248 Wis. Cir Ct., Dane Co. May 28, 1993), Clearinghouse No. 49,421 (good cause required to evict existing tenant per Wisconsin regulatory agreement) (decision).Since the Rev. Ruling, the following state courts have ruled that good cause is required. Lend-Lease Apt. Mgmt, LLC v. Stribling, No. H-WA-30495 (Ct. Super. Ct, Waterbury, 2004) (decision); Galbraith Pointe Apartments v. Humphrey, No. 03-CV-29876 (Ohio, Hamilton County Mun. Ct., Aug. 20, 2004).

YWCA v Park

Stribling Decision

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