Hayes v. 48-52 South 2nd Ave. L.L.C.

Background

Henry Christopher Hayes III, who was representing himself, sued 48-52 South 2nd Ave. LLC and requested $103,000 in damages. He invoked federal-question jurisdiction. The court had previously allowed him to proceed without paying filing fees in advance.

Hayes alleged that he leased an apartment in Mount Vernon, New York. He claimed that the ceilings collapsed, the refrigerator and oven did not work, and a bathroom door came off its hinges. He also alleged that people entered the building after breaking the front door and that he was hit in the head multiple times. He attributed injuries, loss of employment, and loss of food assistance to the alleged conditions and the defendant’s failure to make repairs. The opinion described the defendant as what appeared to be Hayes’s landlord.

Jurisdictional analysis

The court explained that federal-question jurisdiction generally requires a claim arising under the Constitution, federal laws, or treaties. Merely stating that federal-question jurisdiction exists does not establish that jurisdiction. The court found that Hayes had not alleged facts showing that his claims arose under federal law. The allegations appeared to present a landlord-tenant dispute concerning apartment conditions and resulting injuries, which the court said are typically addressed under state law.

The court also considered diversity jurisdiction for any state-law claims. Diversity jurisdiction requires complete diversity of citizenship between the parties and an amount in controversy exceeding $75,000. For a limited liability company, citizenship is based on the citizenship of each member. Hayes appeared to assert that he was a New York citizen, but he did not identify the citizenship of all members of 48-52 South 2nd Ave. LLC. The two mailing addresses he provided—one in Mount Vernon, New York, and one post-office box in Lakewood, New Jersey—did not establish the members’ citizenships or show that the parties were citizens of different states.

Ruling and effect

The court dismissed the action for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3). Because Hayes was representing himself, the court granted him 60 days to file an amended complaint alleging facts sufficient to establish federal jurisdiction. For state-law claims based on diversity jurisdiction, the court instructed him to allege facts showing that he and the LLC were citizens of different states and that there was a reasonable probability that the amount in controversy exceeded $75,000.

The order stated that, if Hayes failed to file an amended complaint within the permitted time or could not show cause excusing the failure, the Clerk of Court would be directed to enter judgment dismissing the action for lack of subject matter jurisdiction. The court also certified that an appeal would not be taken in good faith and denied Hayes permission to proceed without prepaying fees for an appeal.