Wellston Housing Authority v. Murphy

CLIFFORD H. AHRENS, Presiding Judge,

concurring in result.

I concur in the result reached by the majority opinion, because I believe that the evidence in this case, when viewed in the light most favorable to the prevailing party, does not show that the health, safety, or right of peaceful enjoyment of the residents or of the employees of Housing *382Authority was threatened by defendant’s guest, as required by the federal statute. The Housing Authority’s efforts to promote the welfare and safety of its tenants are commendable. But there was no evidence in the record of the nature of the complaints against tenant’s guest. Accordingly, the trial court did not err in entering judgment for tenant.

I write separately because I believe that on the record in this case, this court does not need to adopt a bright-line test that limits the construction of the statutory term “any criminal activity” to conduct during the term of the lease. We need not decide whether, on different facts, past criminal conduct of a guest might be sufficient to justify termination of a tenant’s lease in a case where there was evidence that the guest caused a current threat to the health, safety, or right to peaceful enjoyment of the premises by other tenants. In all other respects, I concur in the majority opinion.