Davis v. Woonsocket Hous. Auth

No. C.A. 98-601 (D. R.I. Dec. 28, 1998). ; Clearinghouse Number: 52270

Description

Pending Hearing on Motion for Injunctive Relief, Housing Authority Must Not Issue or Enforce Trespass Notices Served on Tenant’s Invitees

Abstract

Pending a hearing on plaintiffs’ motion for injunctive relief, the district court entered a consent order enjoining defendant housing authority both from serving any trespass notice on any acknowledged invitee of any tenant and from enforcing such trespass notices without reasonable notice and an opportunity to be heard. Plaintiffs are two tenants of and two of tenants’ invitees to properties owned or managed by defendant city housing authority. On separate occasions defendant served trespass notices on tenants’ invitees as they were driving through defendant’s housing developments on their way to visit tenants and their children. The notices purport to forbid invitees from "trespass[ing] upon the land or any premises owned by [defendant] housing authority" and state that any willful trespass after notice is punishable by a fine of up to $1,000, imprisonment of up to one year, or both. The notices offer no reason why they were served. After unsuccessful attempts to have the notices vacated by housing authority, plaintiffs filed suit. Plaintiffs alleged that housing authority’s abuse of trespass notices unlawfully interfered with their contractual and common-law right to quiet enjoyment of the rented premises; the U.S. Housing Act and Department of Housing and Urban Development regulations required the authority to allow tenants to have guests. They alleged that the notices violated their fundamental rights to privacy and free association under the First, Ninth, and Fourteenth Amendments and the state constitution. By failing to give notice or a hearing before serving the trespass notices, plaintiffs claimed that defendant also violated their due process rights.

Additional Information

Attorney Information
Plaintiffs represented by Thomas W. Lyons, American Civil Liberties Union, R.I. Affiliate, 403 S. Main St., Providence, RI 02903; 401.456.0700.
Docket Date
1998-12-28 00:00:00+00:00