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.

Additional Information

Attorney Information
Plaintiffs represented by John Schrider, Elaine Fink, Legal Aid Society of Cincinnati, 901 Elm St., Cincinnati, OH 45202, (513) 241-9400.
Docket Date
1995-05-18 00:00:00+00:00