Martinez v. Roscoe

CIV 93-1156 LH/DJS (D.N.M. Dec. 27, 1995) ; Clearinghouse Number: 51124

Description

Landlords Permanently Enjoined from Managing Section 236 Apartment Complex

Abstract

The district court has permanently enjoined defendant landlords from failing to comply with a consent decree entered earlier between the parties. Plaintiffs are tenants in a Section 236 apartment complex. Pursuant to a 1993 consent decree, defendants were permanently enjoined from (1) attempting to evict any tenants who had complied with HUD-approved lease requirements; (2) altering the HUD-approved lease requirements; (3) violating Section 236 of the National Housing Act, 12 U.S.C. § 1715z-1 and 24 C.F.R. § 236; and (4) acting in any managerial capacity involving the apartment complex contrary to the terms of a 1992 settlement agreement between defendants and HUD. All management duties, rights, and responsibilities were assigned to a third-party management company. In June 1995, defendants notified plaintiffs that they had terminated the contract with the third-party management company and had transferred management responsibility to a new company in which defendants had a substantial ownership interest. They further notified plaintiffs that their current leases were to be superseded by new month-to-month leases attached to the notice. HUD advised tenants to disregard defendants' notice and to continue to pay rent to the third-party management company. When named plaintiff refused to pay rent to defendant's management company, defendants sought to evict her. Plaintiffs alleged that defendants' unilateral attempts to assume managerial duties at the complex violated the terms of the previously entered injunction. The district court permanently enjoined defendants from acting in any managerial capacity with respect to the complex, including (1) collecting rent from tenants and requiring them to sign new leases; (2) attempting to evict or seek damages from any tenants; (3) attempting to substitute any leases that are not HUD approved; or (4) further violating the court's previous order. The court awarded plaintiffs $16,955 in attorney fees.

Additional Information

Attorney Information
Plaintiffs represented by Karen Meyers, Alma Rosa Delgado, Legal Aid Society of Albuquerque, 121 Tijeras NE, Suite 3100, Albuquerque, NM 87102, (505) 243-7871.
Docket Date
1970-01-01 06:00:00+00:00