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IN THE COURT OF APPEALS OF IOWA No. 7-570 / 05-1405 Filed September 6, 2007

CITY OF DES MOINES MUNICIPAL HOUSING AGENCY, Plaintiff-Appellant/Cross-Appellee, vs. CHARMAINE HUNTER and All Other Occupants, Defendants-Appellees/Cross-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.

Housing agency appeals district court decision dismissing its forcible entry and detainer action on summary judgment. AFFIRMED.

Michael Kelley, Assistant City Attorney, Des Moines, for appellant/crossappellee. Robert W. Wright, Jr., of Wright and Wright, Des Moines, for appellees/cross-appellants.

Considered by Huitink, P.J., and Vogel and Baker, JJ.

2 HUITINK, P.J. The Des Moines Municipal Housing Authority (DMMHA) appeals from a district court judgment dismissing its forcible entry and detainer action (FED) on summary judgment. We affirm. I. Background Facts and Prior Proceedings Charmaine Hunter has been a tenant in federally subsidized public housing owned and managed by DMMHA since 1988. Her original lease was for a thirty-day period and provided for automatic renewal for successive thirty-day periods. The lease gave DMMHA the right to terminate the lease for serious or repeated violations of material terms of the lease. Under the lease, DMMHA was required to give Hunter thirty-day written notice of its intention to terminate the lease. It also gave Hunter the right to an administrative hearing to resolve

disputes with DMMHA about termination or nonrenewal of the lease. On April 27, 2001, DMMHA presented Hunter with written notice that the lease was terminated as of May 31, 2001, because of material violations of the terms of the lease. The notice did not inform Hunter that she had seven days to cure the alleged violations and avoid termination of the lease. See Iowa Code

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