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Walker v. Ridgewood Ltd.
No. C-1-94-443 (S.D. Ohio May 18, 1995) ; Clearinghouse Number: 50724
Description
HUD’s Motion to Dismiss Complaint Alleging Deplorable Conditions at Section 8 Housing Is Denied
Abstract
The district court has denied HUD’s motion to dismiss this
class action in which plaintiff Section 8 tenants of apartment
complex challenge the owner’s failure to maintain and secure
it. In their complaint, plaintiffs alleged that, as a result of
defendant owner’s neglect, armed drug dealers controlled the
buildings and common areas in the complex and vacancy rates had
climbed to over 50 percent. Subsequently, the court granted
plaintiffs’ motion to join HUD as a defendant. Plaintiffs
requested that HUD take over as mortgagee in possession or take
other appropriate steps to put and keep the property in safe and
habitable condition. After HUD was deeded the property, HUD moved
to dismiss plaintiffs’ claims. The court found that, although
possession of the complex had changed, the alleged deplorable
living conditions about which plaintiffs complained had not.
Finding that, as mortgagee-in-possession, HUD was now the proper
party defendant, the court denied HUD’s motion to dismiss and
granted plaintiffs’ motion to file a supplemental complaint.
Finally, the court granted plaintiffs’ motion to stay the
proceedings pending HUD’s preparation of a disposition plan.
