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Muriel Miller v. Elm City Housing Authority

In the case of Muriel Miller v. Elm City Housing Authority, Ms. Miller has no grounds for arguing that her eviction was a denial of her due process rights. Today most states have statutes regulating the notice rule and typically require only thirty days notice for any tenancy, even year-to-year. Contract law, however, usually allows for agreement on longer - or even shorter notice - if spelled out clearly in the written agreement, which in the case before us fulfilled. Ms. Miller, when she agreed to tenancy became party to a periodic tenancy agreement, one which suggests that either party has a right to terminate without cause if the proper notice requirements are met.

In publicly financed or subsidized housing, however, the tenant may have a right to due process and may not be evicted without cause. That cause, as such, is part of the concept of due process, a requirement in the Constitution that a government interest (in this case, Elm City) may not create documents that contain provisions that result in the unfair or arbitrary treatment of an individual.

Constitutional scholars agree that the concept of due process derives from the Fifth Amendment to the Constitution and the Fourteenth Amendment. The Fifth reads in relevant part here that no person shall ôbe deprived of life, liberty or property without due process of lawö while the Fourteenth reads in relevant part that no state ôshall...deprive any person of life, liberty, or property without due process of law.ö The fundamental issue in all due process cases tends to center on the delivery and acceptance of notification. Since there is no data presented in the facts of the case, the only conclusion that can be drawn, based on the letter and the spirit of the law is that the injunction be denied.

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Muriel Miller v. Elm City Housing Authority. (1969, December 31). In LotsofEssays.com. Retrieved 01:21, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1709840.html