Dismissal of All Claims - Improper Denial of Housing Assistance January 2017
Allie M. Burnet and Scott B. Dolezal
Allie Burnet and Scott Dolezal obtained a dismissal on behalf of one of the firm’s housing authority clients, as well as its director, in a lawsuit filed by a federal housing assistance recipient alleging the improper denial of housing assistance by the agency. Specifically, the plaintiff alleged she was entitled to declaratory, injunctive and mandamus relief and that she should be issued a housing voucher after it expired. A motion to dismiss was filed, arguing that Plaintiff’s claim for declaratory judgment was an improper vehicle for relief, that Plaintiff was not entitled to mandamus or injunctive relief because she had no clear and affirmative right to the relief sought, and that the agency director was not a proper defendant. Recognizing that Plaintiff could not provide any substantive basis for continued litigation of the claim, Plaintiff instead elected to voluntarily dismiss all claims against the housing authority and its director.