McPherson v. District of Columbia Housing Authority

Summary

The District of Columbia Court of Appeals held that Debra McPherson had a right to intervene in the District of Columbia Housing Authority's action for possession of a public housing unit. The court concluded that her continued occupancy and recertification established a protectable interest that could be impaired by eviction, and that no existing party adequately represented that interest. The court reversed and remanded with instructions to grant intervention.

Holdings

1. A continuing occupant of public housing who alleges an interest arising from her occupancy and repeated recertifications has a protectable interest in the possession action, even though her interest is not equivalent to that of the deceased contractual tenant.
2. The applicant satisfied the impairment and inadequate-representation requirements for intervention as of right.
3. The trial court's denial was improper because the record contained no factual findings or conclusions of law sufficient to support denial, and Debra McPherson was entitled to intervene as a matter of right.

Questions Presented

1. Whether Debra McPherson was entitled to intervene as of right under Super. Ct. Civ. R. 24(a) in the Housing Authority's possession action against her deceased mother.
2. Whether the trial court erred by denying intervention after conducting a non-evidentiary hearing without making factual findings or conclusions of law.

Disposition

reversed_and_remanded