Thomas v. Housing Authority of the Birmingham District

CRAWLEY, Judge,

dissenting.

I must respectfully dissent. As HABD explains in its brief, Thomas’s utility allowance is not an actual payment to Thomas. Instead, it is simply an on-paper allowance used to calculate Thomas’s rent. HABD does not receive the allowance, and Thomas is not entitled to “payment” of the allowance. See 24 C.F.R. § 5.603(d). Therefore, HABD has not accepted partial payment of Thomas’s rent, and it is entitled to proceed on its unlawful detainer action.