Feemster v. Bsa Limited Partnership, Civil Action No. 04-1901(RBW).

• Decision Date: 12 January 2007
• Docket Number: Civil Action No. 04-1901(RBW).
• Citation: 471 F.Supp.2d 87
• Parties: Bridgette FEEMSTER, et al., Plaintiffs, v. BSA LIMITED PARTNERSHIP, Defendant.
• Court: U.S. District Court — District of Columbia

Page 87

471 F.Supp.2d 87

Bridgette FEEMSTER, et al., Plaintiffs, v. BSA LIMITED PARTNERSHIP, Defendant.

Civil Action No. 04-1901(RBW).

United States District Court, District of Columbia.

January 12, 2007.

Clifford J. Zatz, Crowell & Moring Llp, Antonia K. Fasanelli, Washington Clinic for the Homeless, Washington, DC, for Plaintiffs.

Robert E. Greenberg, Friedlander, Misler, Washington, DC, for Defendant.

MEMORANDUM OPINION

WALTON, District Judge.

This is an action seeking a declaratory judgment, injunctive relief, and damages under the Multifamily Assisted Housing Reform and Affordability Act of 1997, as amended, 42 U.S.C. § 1437f (1997) ("MAHRAA"); the National Housing Act ("NHA"), 12 U.S.C. § 1701, et. seq. (2004); the District of Columbia Human Rights Act ("DCHRA"), D.C.Code § 2-1402.21 (2001); the District of Columbia Consumer Protection Procedures Act, D.C.Code § 28-3901 et. seq. (2001); and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202 (2000). Second Amended Complaint ("Compl."). at 2, 4-5. The dispute between the parties centers around BSA Limited Partnership's ("BSA") September, 2004 decision to opt-out of the project-based Section 8 Housing Assistance program and its refusal to accept enhanced vouchers as payment for rent from the plaintiffs since that time. Id. at 2. Currently before the Court are the Defendant's Motion for Summary Judgment and the Plaintiffs' Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment.¹ For the reasons set forth below, both motions are granted in part and denied in part.

I. Factual Background²

The Bates Street Townhomes are a number of single-family and multi-family townhouses located in Northwest Washington, D.C. Compl. at 12. The tenants in this case have been living in some of the townhomes for up to 25 years. Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ("Pls.' Mem.") at 10. Sometime during the 1980s, the owner of the townhomes and the United States Department of Housing and Urban Development ("HUD") executed a Housing Assistance Payment Contract ("HAP contract") for the provision of project-based Section 8 assistance to residents of the Bates Street Townhomes. Id. After renting the townhomes with the assistance of the project-based subsidies for over two decades, BSA's project-based contract with HUD expired. Pls.' Mem. at 10. Consequently, BSA provided the plaintiffs and the other Section 8 residents at the Bates Street Townhomes with letters giving them a one-year notice of its decision to opt-out of the Section 8 HAP contract, effective September 30, 2004, id. at 11 (citing Exhibit ("Ex.") B (Opt-out letter dated September 30, 2003)). The letter informed the tenants that they were eligible for tenant-based Section 8 vouchers. Specifically, the letter stated:

Federal law allows you to elect to continue living at this property provided that the unit, the rent, and we, the owners, meet the requirements of the Section 8 tenant-based assistance program. As an Owner, we will honor your right to remain at the property on this basis as long as it continues to be offered as rental housing, provided that there is no cause for eviction under Federal, State or local law.

Id., Ex. B.

According to the plaintiffs, beginning in the summer of 2004, BSA started to pressure the Bates Street tenants to move out of their homes and employed two individuals to assist in the effort. Pl.'s Mem. at 11. The tenants felt they were being pressured to vacate their homes because the two employees who repeatedly visited them to assist with the process of applying for tenant-based vouchers also offered them money as an incentive to vacate their homes within 30 days of receiving their vouchers. Id. In addition, the plaintiffs were informed that they could not use their vouchers to remain at their Bates Street homes, and that they had no option other than to relocate. Id. In anticipation of the defendant's opt-out decision, the District of Columbia Housing Authority ("DCHA") convened a meeting with the tenants of the Bates Street Townhomes to address the process of converting their project-based subsidies to the tenant-based program. Id. at 11-12. The plaintiffs, along with other residents, were provided information about the opt-out process and their opportunity to receive, through the DCHA, tenant-based vouchers which they could use to remain at Bates Street Townhomes or to acquire rental property at other locations. Id.

Following the meeting with the DCHA, plaintiff Feemster contacted BSA to inquire about using her voucher to remain in her townhouse and was informed that BSA would not accept her voucher. Id. BSA's counsel initially denied that it refused to accept Feemster's voucher, but in late September 2004, the plaintiffs received letters from BSA refusing to accept their enhanced vouchers as payment for the rental of their homes. Id. The letters reiterated that the Section 8 HAP contract was being terminated and informed the plaintiffs that BSA would not sign or execute "any lease agreements or lease addenda ...." Id. at 12-13 (citing Ex. C (letters sent to the plaintiffs)). BSA stated, however, that it would accept the rent for the units if the plaintiffs personally paid it. Id.

BSA's refusal to execute lease agreements or lease addenda left the plaintiffs unable to use their vouchers to pay rent for their Bates Street residences. Id. at 13. Consequently, in November, 2004, the plaintiffs filed their initial complaint in this action, along with an application for a Temporary Restraining Order ("TRO"). Id. at 13. The Court granted the TRO and required the defendant "to initiate the process of accepting [the plaintiffs' enhanced vouchers, to wit: immediately sign, complete, and submit any necessary papers to the [DCHA] to begin the `leaseup'[³ process so that [the p]laintiffs will be able to use their enhanced vouchers at their current homes...." Id.; see also TRO dated November 5, 2004.⁴ The defendant complied with the TRO and submitted "lease-up packages" to the DCHA, but has refused to complete the voucher process or pay the plaintiff the utility allowances as had been the case under the project-based contract. Pls.' Mem. at 13. After issuance of the TRO, BSA issued the plaintiffs offers to purchase their homes in November, 2004. Id. at 14. Four of the ten plaintiffs responded by submitting letters of interest, and they have since purchased their units. Id.; see also Joint Status Report at 1.

On or about January 6, 2005, BSA served the plaintiffs who had not responded to the purchase offers with 180-day Notices to Vacate for Discontinuance of Housing. Use. Pls.' Mem. at 14 (citing Ex. 3 to Defendant's Motion for Summary Judgment ("Def.'s Mem.")). The notices indicated that the units were going to "be renovated and sold for home-ownership." Id. On January 11, 2005, BSA entered into a contract with TMS Investments, LLC ("TMS") for TMS to purchase several vacant units at the Bates Street Townhomes. Id. (citing Ex. 1 to Def.'s Mem. (Sales Contract between BSA and TMS)). The contract provided that TMS would purchase additional units as they became vacant, and the initial closing date was scheduled for April 1, 2005; however, that date was extended to July 12, 2005. Id. (citing Ex. J (amendment to sales contract for purchase of vacant Bates Street Townhomes)). The contract explicitly conditioned the purchase of any individual units on such units being free of tenants at the time of the closing date. Id. (citing Ex. 1 to Def.'s Mem.).

The plaintiffs filed their initial complaint in this action on November 4, 2004, and filed their second amended complaint on March 17, 2005. Both parties have now moved for summary judgment. BSA requests summary judgment on all counts of the second amended complaint and the plaintiffs request partial summary judgment with respect to Counts I, II, and III of their second amended complaint based on alleged violations of the MAHRAA, the NHA and the DCHRA. The plaintiffs also seek to enjoin the defendant from interfering with their right to remain in their residences by refusing to accept their enhanced vouchers. See Compl. at 2. Specifically, the plaintiffs' argue that BSA's refusal to accept payment in full for their homes if their rental payments are in the form of enhanced vouchers violates both federal and District of Columbia law. Pls.' Mem. at 2. On the other hand, the defendant justifies its refusal to accept the enhanced vouchers, stating that it has lawfully opted out of the Section 8 project based program, has a contract to sell the units to a third party, and has complied with all local laws necessary to remove the units from the rental housing market in anticipation of selling the property. Def.'s Mem. at 1.

II. Standard of Review

Courts will grant a motion for summary judgment under Rule 56(c) "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). When ruling on a summary judgment motion, courts must view the evidence in the light most favorable to the non-moving party. Bayer v. Dep't of Treasury, 956 F.2d 330, 333 (D.C.Cir.1992); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (holding that courts must draw "all justifiable inferences" in the nonmoving party's favor and accept the nonmoving party's evidence as true). "[T]he nonmoving party `must do more than simply show that there is some metaphysical doubt as to the material facts,'" Bias v. Advantage Intl, Inc., 905 F.2d 1558, 1561 (D.C.Cir. 1990) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)), but...