McCollough v. The Ridgeway Communities

Background

Kevin Gregory McCollough, representing himself, sued The Ridgeway Communities, Resident Occupancy Specialist Jocelyn Vargas, and Senior Community Manager Ebonee Thomas. The case concerned a three-bedroom apartment at 178 Warburton Avenue in Yonkers, New York, from which McCollough said his family was evicted.

McCollough alleged that he had a Section 8 voucher and paid approximately $500 per month in rent. He said inspectors visited the apartment six times, but the apartment did not pass the inspections for reasons he did not specify. His Section 8 rental subsidy then stopped without his knowledge. While McCollough was hospitalized for surgery, a City Marshal came to the apartment and evicted his family. After his release, he contacted his attorney and sought help from the Department of Social Services, which told him it could not help. McCollough also said he had been told that he owed approximately $20,000 in back rent. He asserted that his rights had been violated because of the arrears and sought unspecified relief.

Jurisdiction

Because McCollough was allowed to proceed without paying filing fees in advance, the court was required to screen the complaint and dismiss it if it was frivolous, malicious, failed to state a claim, sought relief from an immune defendant, or raised claims over which the court lacked subject matter jurisdiction.

The court concluded that the complaint did not establish federal-question jurisdiction. McCollough did not identify a federal law supporting his claims, and the allegations did not suggest an apparent federal claim against the defendants. The court also explained that, based on decisions from courts in the Second Circuit, a private plaintiff generally cannot sue under the Housing Act for alleged housing-quality violations or a public housing agency’s failure to enforce those standards. The court noted that it was unclear whether McCollough might have an administrative remedy through the public housing agency, but he did not allege that he had pursued one or request review of any final agency action.

The court also found that the complaint did not establish diversity jurisdiction. McCollough alleged that he lived in New York and that The Ridgeway Communities was a New York citizen, defeating complete diversity as alleged. He did not identify the individual defendants’ citizenship, and he did not allege facts about the amount in controversy. The approximately $20,000 in disputed rent arrears mentioned in the complaint was below the $75,000 amount required for diversity jurisdiction.

Disposition

The court dismissed the complaint for lack of subject matter jurisdiction, with 30 days’ leave to replead. This allowed McCollough an opportunity to file an amended complaint alleging claims within the court’s jurisdiction. The court stated that, if he did not amend within the allowed time, the Clerk would be directed to enter judgment dismissing the action without prejudice for lack of subject matter jurisdiction. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain directed the Clerk to keep the matter open until a civil judgment was entered.