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Harris v. BLUERAY TECHNOLOGIES SHAREHOLDERS, INC.

Citations: 669 F. Supp. 2d 1225; 2009 U.S. Dist. LEXIS 98862; 2009 WL 3483953Docket: CV-07-342-FVS

Court: District Court, E.D. Washington; October 23, 2009; Federal District Court

Narrative Opinion Summary

In the case of Harris and Campbell v. BlueRay Technologies Shareholders, Inc., et al., the plaintiffs, former tenants of a Section 8 housing program, brought suit against several corporate defendants, alleging violations of 42 U.S.C. § 1437f(c)(8). The main legal issue concerned the defendants' failure to provide the required one-year notice before terminating the housing assistance payment (HAP) contract, leading to the plaintiffs' eviction. The defendants contested the plaintiffs' standing in federal court, asserting that the plaintiffs could not establish redressability, a necessary component for standing. The court agreed, finding that neither the damages nor injunctive relief sought by the plaintiffs would address their alleged injuries, as the building had been remodeled and the plaintiffs did not wish to return. As a result, the court dismissed the federal claims due to lack of standing. Additionally, the court declined to exercise supplemental jurisdiction over the remaining state law claims, remanding them to state court for further proceedings. The court's decision emphasizes the importance of demonstrating redressability in federal claims, particularly where statutory violations are alleged without explicit remedial provisions.

Legal Issues Addressed

Dismissal and Remand of State Claims

Application: Following the dismissal of federal claims, the court opts not to exercise supplemental jurisdiction over state claims and remands them to state court.

Reasoning: The Court declines to exercise supplemental jurisdiction and remands the state claims to state court.

Notice Requirement Under 42 U.S.C. § 1437f(c)(8)

Application: The statute requires property owners to provide written notice to tenants and the Secretary at least one year prior to terminating assistance contracts. The plaintiffs allege that the defendants violated this requirement, leading to improper evictions without notice.

Reasoning: The plaintiffs claim the defendants violated 42 U.S.C. 1437f(c)(8) by failing to provide notice and forcing them to vacate their apartments in the Commercial Building.

Redressability Requirement for Injunctive Relief

Application: The court finds that an injunction would not address the plaintiffs' injuries, as the remodeled Commercial Building is uninhabitable, and the plaintiffs have expressed no desire to return.

Reasoning: The Commercial Building has been significantly remodeled, rendering their former apartments uninhabitable in their previous form, leading to concerns about the feasibility of enforcing such an injunction.

Standing in Federal Court

Application: The court evaluates whether the plaintiffs can establish standing by demonstrating injury-in-fact, causation, and redressability. The plaintiffs failed to meet the redressability requirement necessary for federal court jurisdiction.

Reasoning: The plaintiffs lack standing to pursue their first and second causes of action under 42 U.S.C. § 1437f(c)(8) due to failure to establish redressability.