McDuel v. Precision Property Management/West MI Rentals
1:23-cv-00777
W.D. Mich.Jul 25, 2024Background
- Stephanie McDuel rented an apartment in Michigan with assistance from the state housing voucher program.
- She was evicted after disputes over alleged non-payment of rent, despite maintaining she paid and had receipts.
- Her car was towed from the apartment complex without her knowledge during the tenancy.
- McDuel also alleged her security deposit was wrongfully withheld.
- She filed suit pro se, alleging breach of lease, interference with possession, failure to return security deposit, unfair practices, and requested punitive damages.
- Defendant moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim; McDuel did not file a response in opposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject Matter Jurisdiction (Federal) | Basis under federal statutes/regulations (24 C.F.R. §§ 982.313, 982.453) | Claims do not arise under federal law; no federal cause of action exists. | Dismissed; no federal jurisdiction. |
| Private Right of Action Under Section 8 | Section 8 regulations support her claims | Section 8 does not allow a tenant's private right of action against landlord | No private right of action; only state law. |
| Failure to Respond to Motion | N/A (did not respond) | Failure to oppose is waiver/forfeiture of claim. | Dismissed for failure to prosecute. |
| State Law Claims | Invoked federal jurisdiction via unspecified "U.S. Codes" | Disputes are based only on Michigan state law, not federal law. | State law claims cannot support jurisdiction. |
Key Cases Cited
- Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375 (federal courts have limited jurisdiction and presumption is against jurisdiction)
- Gonzalez v. Thaler, 565 U.S. 134 (subject matter jurisdiction cannot be waived or forfeited)
- Notredan, L.L.C. v. Old Republic Exchange Facilitator Co., 531 Fed. Appx. 567 (failure to respond to a motion can be deemed waiver/forfeiture of the claim)
- Johnson v. City of Detroit, 446 F.3d 614 (no private right of action under § 1437f of the Housing Act against public housing projects for tenants)
- Wright v. City of Roanoke Redevel. and Hous. Auth., 479 U.S. 418 (certain Housing Act provisions allow actions against state actors, but not private landlords)