Northgate Housing Limited Partnership v. White

No. S1046-03 CnC (Vt. Super. Ct. Chittendon County January 10, 2005) ; Clearinghouse Number: 55835

Description

Tenant Has No Private Right of Action Against Landlord Under HUD Regulations

Abstract

Finding that defendant tenant had no private right of action, the court granted plaintiff landlord’s motion for summary judgment on tenant’s counterclaim that landlord violated her federal rights. Landlord claimed to have initiated an eviction proceeding against tenant, a longtime active tenant organizer, because tenant refused to sign a lease amendment giving landlord the right to terminate a lease should a resident engage in certain criminal activity in or around the apartment complex. Tenant counterclaimed that, in violation of state law, the landlord filed the eviction claim to retaliate against her for joining the tenant organization’s board. She also claimed that landlord violated her rights under U.S. Department of Housing and Urban Development (HUD) tenant organization regulations and her First Amendment free speech rights. Although the heading of 12 U.S.C. § 1715z-1b(b), “Rights of Tenants,” may be rights-creating language, the court found, the entire subsection directed the HUD secretary to regulate landlords receiving HUD assistance rather than tenants. Because the statute focused on those regulated rather than the class of beneficiaries, the section did not confer an implied right of action under Alexander v. Sandoval, 532 U.S. 275 (2001) (Clearinghouse No. 51,706). Thus regulations enacted under the statute’s authority could not confer implied rights of action. The court also rejected tenant’s supremacy clause and free speech claims. However, the court denied landlord’s summary judgment motion regarding tenant’s retaliatory eviction counterclaim.

Additional Information

Attorney Information
Defendant represented by Stephen Norman, Vermont Legal Aid, P.O. Box 1367, Burlington, VT 05402-1367 (telephone number: 802.863.5620).
Docket Date
2005-01-10 00:00:00+00:00
Attorney Email
snorman@vtlegalaid.org