S-25-0798 Seldin Co., LLC (Appellant) v. Isaiah Tucker & Aline David (Appellees)
Appeal from the District Court for Douglas County, Judge Horacio J. Wheelock on appeal from the County Court for Douglas County, Judge Jeffrey L. Marcuzzo
Attorneys: Tara Holterhaus and Andrew J. McElmeel (Spencer Fane LLP for Appellant), Holli A. Zimmerman (Legal Aid of Nebraska for Appellees), Kasey D. Ogle (Nebraska Appleseed as amicus curiae for National Housing Law Project), and Marcos Segura (amicus curiae and pro hac vice for National Housing Law Project)
Civil: Eviction, waiver, rental assistance payments
Proceedings below: Appellees rented from Appellant, and although their rent was covered by housing assistance payments (HAP), they were responsible for paying utilities. Appellant filed suit against Appellees for non-payment of utilities. After trial, the county court found in favor of Appellant and ordered Appellees to vacate and surrender the rental property. On appeal to the district court, it reversed and remanded the case with instructions to dismiss Appellant’s complaint with prejudice. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in failing to rule the federal regulations related to the Section 8 housing choice voucher program preempt Nebraska’s state waiver statute; 2) The district court erred in finding that Appellant’s lease terms defining Section 8 payments not as “rent” for the purposes of waiver, are ineffective to circumvent the waiver statute; 3) The district court erred in finding that receiving HAP Contract Payments constitutes acceptance of “rent” that waived Appellees default under the lease; 4) The district court erred in finding that HAP Contract Payments are “rent” under the Nebraska Uniform Landlord Tenant Act; and 5) The district court erred in reversing and remanding the county court’s order for restitution against Appellees, with directions to dismiss Appellant’s complaint with prejudice.