Preview:

Tyzanna Cottman v. Princess Anne Villas, No. 32, September Term, 1995. [Landlord And Tenant - Appeals From District Court - Federally Subsidized Housing. Fair Held: Amount In Controversy Determined By

Market Rent For Period Of Post-Term Continued Occupancy

Claimed By Tenant Under Federal Law.]

Circuit Court for Somerset Case #93-CA-03661

IN THE COURT OF APPEALS OF MARYLAND No. 32 September Term, 1995 ____________________________________

TYZANNA COTTMAN v.

PRINCESS ANNE VILLAS

____________________________________ Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell Raker, JJ. ____________________________________ Opinion by Rodowsky, J. ____________________________________ Filed: November 7, l995

In this case we reaffirm that, on an appeal from the District Court of Maryland, the amount in controversy in an action for possession of leased premises is determined by the fair market rent for the period of possession involved in the controversy. Respondent, Princess Anne Villas (Princess Anne), is a

federally subsidized housing project financed by the Farmers Home Administration (FmHA). Beginning October 1, 1987 Petitioner,

Tyzanna Cottman (Cottman), entered into a series of yearly leases with Princess Anne. During the October 1, 1992 to September 30,

1993 renewal Cottman was late paying her rent in seven of the months. Princess Anne gave timely notice that it would not renew In a second notice,

the lease because of those delinquencies.

threatening eviction if Cottman held over, Princess Anne set the fair market rent of the unit at $575 per month. Cottman held over,

and Princess Anne, inter alia, filed a complaint in the District Court seeking possession for breach of the lease. The District Court entered judgment for Cottman. She was then

twenty-nine years old, and there is no evidence that she was not in good health. Her monthly federal subsidy of $188 and monthly

rental payment of $167 totaled $355 per month (the aggregate rent). Princess Anne appealed to the circuit court, but did not request a transcript. Thereafter Cottman moved in the circuit

court to strike the appeal for failure to transmit the record within sixty days of filing the appeal. Maryland Rule 7-108. She

argued that the appeal should be heard on the record because the

-2value of her property interest in her tenancy exceeded $2,500. The

circuit court denied the motion, reasoning that the amount in controversy was $167, i.e., one monthUs rent that Cottman, herself, paid. After the circuit court entered judgment against Cottman

ordering restitution of the premises with costs and payment of escrowed rent to Princess Anne, Cottman petitioned this Court for certiorari. We granted the writ.

Appeals in civil actions from the District Court are heard on the record where the amount in controversy exceeds $2,500,

exclusive of interest, costs, and attorneyUs fees. 1995 Repl. Vol.),

Download Cottman v. Princess Anne Villas.pdf

Maryland Law