Baker v. Avenue5 Residential
2:24-cv-01862
| W.D. Wash. | Apr 25, 2025Background
- Justin Baker, who receives Social Security disability benefits for multiple mental and physical health conditions, lived in a Seattle apartment managed by Avenue5 Residential and brought various legal claims following disputes over accommodations and treatment in his housing.
- This is Baker’s fourth federal lawsuit against Avenue5 with similar allegations; prior lawsuits were dismissed either voluntarily or for failure to effectuate service.
- Baker claims his disabilities were exacerbated by Avenue5’s alleged refusal or delay in responding to reasonable accommodation and maintenance requests, as well as alleged harassment and retaliation.
- Multiple governmental and regulatory bodies (SPD, FBI, WSHRC) declined to investigate or sided with Avenue5 regarding Baker’s complaints.
- The court, on mandatory review for cases proceeding in forma pauperis, dismissed most of Baker’s claims for legal insufficiency but allowed certain claims (reasonable accommodation and hostile housing environment) to proceed.
- The court denied a range of Baker’s pending procedural and substantive motions, including for injunctive relief and appointment of counsel.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| ADA Retaliation | Avenue5 retaliated for ADA-protected activity | Private residence not covered by ADA | Dismissed without prejudice |
| FHA Reasonable Accommodation | Avenue5 refused necessary accommodations | Prior similar claims dismissed | Claim may proceed (as to post-transfer conduct) |
| Hostile Housing Environment (FHA) | Harassment by management/staff created hostility | Insufficient factual basis | Claim may proceed |
| Defamation, Fraud, Negligence, etc. | Various (defamation, fraud, negligence) | Insufficient detail or wrong statutes | Dismissed without prejudice or with prejudice |
| Personal Injury, Extortion, Color of Law | Cited federal criminal statutes to support claims | Not civil causes of action | Dismissed with prejudice |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (complaints must state plausible claim, not just legal conclusions)
- Lopez v. Smith, 203 F.3d 1122 (court may sua sponte dismiss IFP complaint failing to state a claim)
- Giebeler v. M & B Assocs., 343 F.3d 1143 (elements of FHA reasonable accommodation claim)