Carroll v. Housing Opportunities Com'n

• Decision Date: 01 September 1984
• Docket Number: No. 149,149
• Citation: 510 A.2d 540,306 Md. 515
• Parties: Margaret CARROLL v. HOUSING OPPORTUNITIES COMMISSION. ,
• Court: Maryland Court of Appeals

Page 515

306 Md. 515

510 A.2d 540

Margaret CARROLL v. HOUSING OPPORTUNITIES COMMISSION.

No. 149, Sept. Term, 1984.

Court of Appeals of Maryland.

June 27, 1986.

Linda Haspel, Legal Aid Bureau, Inc., Silver Spring, for appellant.

Kenneth B. Tecler, Rockville, for appellee. Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and McAULIFFE, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), specially assigned.

ELDRIDGE, Judge.

This case concerns the right to a jury trial in an action by a public housing authority to recover possession of a rental unit from a tenant in a federally funded public housing complex.

Since 1975 Margaret Carroll has lived with her daughter, Susie, and Susie's young child in a two bedroom townhouse in a federally funded public housing complex known as Emory Grove. Emory Grove, which was built pursuant to federal low-income housing statutes, is owned and operated by the Housing Opportunities Commission of Montgomery County, a government agency created by Maryland Code (1957, 1982 Repl.Vol., 1985 Cum.Supp.), Art. 44A, § 8A, to act as the public housing authority in Montgomery County.

Each resident at Emory Grove pays a percentage of his or her income as rent. When the Housing Opportunities Commission filed this suit, tenants were required to pay 27% of household income as rent if they had resided in the unit prior to 1983 and 30% if they had not. In light of Mrs. Carroll's household income, consisting only of monthly welfare benefits, and her residence in Emory Grove since 1975, she pays $76.00 per month rent. The United States Department of Housing and Urban Development subsidizes Emory Grove, paying the Housing Opportunities Commission the difference between Emory Grove's operating expenses and the amount collected in rent.

In November 1982 Jim Riggs, a guest of Mrs. Carroll, was involved in a fight with another visitor to the Emory Grove complex. The Housing Opportunities Commission held a hearing to determine whether this incident constituted a violation of Mrs. Carroll's lease. The Commission's Hearing Board decided that Mrs. Carroll had violated the following provisions of her lease:

"VI. OCCUPANCY OF THE DWELLING UNIT

A. Tenant Responsibility.

4. Not to engage in conduct which would disturb the peace and order of the neighborhood.

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11. To obey all rules and local ordinances covering the dwelling and with all rules or regulations now or later adopted by the Authority for the safety, comfort and welfare of the tenants, the housing projects, and the community.

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12. To prevent any member of Tenant's family or guests from violating any of the Conditions of Occupancy as set forth herein. Violations of the Conditions of Occupancy by a member of Tenant's family or guest shall constitute a violation of such conditions by the Tenant."

The Hearing Board further decided that Mrs. Carroll's failure to control her guest was a serious violation which required her to vacate the unit.

Mrs. Carroll believed that this one incident in which she was not personally involved was not sufficient to justify the termination of her occupancy and of her federal rent subsidy. She refused to move out of her unit, and the Housing Opportunities Commission instituted a tenant holding over action in the District Court of Maryland pursuant to Maryland Code (1974, 1981 Repl.Vol., 1985 Cum.Supp.), § 8-402 of the Real Property Article. Mrs. Carroll filed a timely demand for a jury trial, asserting that the value of continued possession of her townhouse exceeded $500.00.

Mrs. Carroll's demand for a jury trial divested the District Court of jurisdiction, and her case was transferred to the Circuit Court for Montgomery County. Vogel v. Grant, 300 Md. 690, 696, 481 A.2d 186 (1984). On August 9, 1984, the day set for trial, both parties appeared ready for trial with their witnesses. At that time, the circuit judge, sua sponte, questioned whether Mrs. Carroll was entitled to a jury trial. In response to the judge's remarks, counsel for the Commission orally moved to strike the jury demand on the ground that the amount in controversy was less than $500 and that the case should therefore be tried in the District Court without a jury. The circuit court immediately heard oral argument from both parties and then ruled that Mrs. Carroll had not established her right to a jury trial in this case. On the next day, August 10, 1984, an order was entered which recited that the circuit court did not have subject matter jurisdiction and remanded the case to the District Court for trial.

On August 21, 1984, Mrs. Carroll filed in the circuit court a Motion for Reconsideration, accompanied by an affidavit and a memorandum of points and authorities, and requested a hearing on the motion. Based on information from the Federal Register and from employees of the federal Department of Housing and Urban Development and of the Housing Opportunities Commission, Mrs. Carroll claimed that the fair market value of her townhouse was at least $497 per month. She also claimed that she had a right to continued occupancy of the townhouse until there existed "good cause" for eviction, and that she would incur moving expenses. Furthermore, she contended that she was not required to prove that the amount in controversy exceeded $500 to be entitled to a jury trial, and that her good faith claim that it did exceed this amount was sufficient. On August 27, 1984, the circuit court denied Mrs. Carroll's Motion for Reconsideration and her request for a hearing. On September 7th, within thirty days of the original order remanding the case to the District Court, Mrs. Carroll appealed both the denial of her Motion for Reconsideration and the original ruling denying her a jury trial. We issued a writ of certiorari on our own motion before argument in the Court of Special Appeals.

I.

In the briefs and at oral argument, the parties raised a question as to whether the circuit court's order denying Mrs. Carroll a jury trial and remanding the case to the District Court is appealable. The appellant argued that the order is appealable, not as a final judgment in the traditional sense, but under the collateral order doctrine. In our view, no issue concerning the collateral order doctrine is presented, because the circuit court's order is a final judgment terminating the litigation.

This case differs from those where a court denies a party's demand for a jury trial but where the same court will hear the initial trial on the merits without a jury. Under those circumstances, the order denying a jury trial would not be a final judgment in the traditional sense. See Vogel v. Grant, supra, 300 Md. at 701, 481 A.2d 186. Such an order could be appealed before a decision on the merits only if it satisfied the collateral order doctrine. Parrott v. State, 301 Md. 411, 417-426, 483 A.2d 68 (1984). See also Kawamura v. State, 299 Md. 276, 282-283 n. 5, 473 A.2d 438 (1984).

In the present case, however, the circuit court's orders denied Mrs. Carroll all relief in the circuit court; they completely terminated the action in circuit court, remanding the case to the District Court for trial. Nothing was left to be done in the circuit court. Accordingly, the order was a final appealable judgment. See Litton Bionetics v. Glen Constr., 292 Md. 34, 42, 437 A.2d 208 (1981); Schultz v. Pritts, 291 Md. 1, 5-6, 432 A.2d 1319 (1981); Department of Public Safety v. LeVan, 288 Md. 533, 540-544, 419 A.2d 1052 (1980).

II.

The Maryland Constitution, in Article 23 of the Declaration of Rights, guarantees a right to jury trial in those types of civil cases to which the right historically attached if the amount in controversy exceeds $500. Vogel v. Grant supra, 300 Md. at 695, 481 A.2d 186; Bringe v. Collins, 274 Md. 338, 346-347, 335 A.2d 670, application for stay denied, 421 U.S. 983, 95 S.Ct. 1986, 44 L.Ed.2d 475 (1975). Similarly, Maryland Code (1974, 1984 Repl.Vol., 1985 Cum.Supp.), § 4-402(e) of the Courts and Judicial Proceedings Article provides:

"(e) Jury trial--(1) In a civil action in which the amount in controversy exceeds $500, exclusive of attorney's fees if attorney's fees are recoverable by law or contract, a party may demand a jury trial pursuant to the Maryland Rules."

This Court stated in Bringe v. Collins, supra, 274 Md. at 346-347, 335 A.2d 670, that "an action under Code (1974), § 8-402 of the Real Property Article, by a landlord to recover possession of his premises, is historically an action at law to which the right to a jury trial has always attached in this State." The Court further explained that "[f]or a party in a landlord-tenant action to be entitled to a jury trial, there must either be a claim for money damages over $500.00 or a claim that the value of the right to possession exceeds $500.00." 274 Md. at 347.

In Bringe, this Court held there was no right to a jury trial because there was neither a claim for money damages over $500 nor a claim that the value of the right to possession exceeded $500. In the present case, Mrs. Carroll stated, in her demand for a jury trial: "Defendant claims that the value of her right to possession exceeds $500.00."

Mrs. Carroll contends that her good faith claim that the value of continued possession exceeds $500 is sufficient to entitle her to a jury trial. She further contends that when her entitlement to a jury trial was questioned by the circuit court she should not have been required to demonstrate that the amount in controversy was greater than $500. She asserts that she should only have been required to show that it was not legally certain that the value of her right to possession was less than $500.

The Commission, on the other hand, asserts that Mrs. Carroll had the burden of proving that the amount in controversy exceeded $500.00, that she did not offer such proof in a timely and proper fashion, and that, therefore, the circuit...