Davis Ex Rel. Davis v. Philadelphia Housing Authority

121 F.3d 92
CourtCourt of Appeals for the Third Circuit
DecidedJuly 29, 1997
Docket96-1679
StatusUnknown
Cited by2 cases

This text of 121 F.3d 92 (Davis Ex Rel. Davis v. Philadelphia Housing Authority) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis Ex Rel. Davis v. Philadelphia Housing Authority, 121 F.3d 92 (3d Cir. 1997).

Opinions

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Jonathan Davis, a minor, and his mother and legal guardian, Wendy Davis, appeal the dismissal of Counts I through III of their complaint asserting claims against the Philadelphia Housing Authority under three separate theories of liability. The Davises argue that the district court erred by concluding they lacked prudential standing to pursue their claims because their rights were not within the “zone of interests” intended to be protected by Congress under the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § 4821 et seq. (“Lead Act”). We agree and will reverse the order of the district court.

I.

Beginning in approximately July 1993, the Davises rented an apartment from Miriam Shaw. While living in the apartment, Jonathan Davis was exposed to peeling and chipping lead-based paint which caused him to suffer lead poisoning and severe, permanent injury. As a result of Jonathan’s poisoning, Wendy Davis incurred medical expenses and allegedly experienced mental distress.

Before the Davises rented the apartment, it had been inhabited by a woman with a child under the age of seven. During that time, the apartment was part of a low-income rental program entitled Section 8.1 The Section 8 program is administered by the Housing Authority within the City of Philadelphia and subsidizes the rents of low-income tenants within the private housing market. Section 8 housing assistance is provided by the federal government and authorized by federal legislation enacted, inter alia, “to assist the several States and their political subdivisions to remedy the unsafe and unsanitary [94]*94housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of lower income.... ” 42 U.S.C. § 1437. To obtain the housing assistance funding, the Housing Authority enters into an Annual Contributions Contract with the United States Department of Housing and Urban Development. 42 U.S.C. § 1437f.

Under the Lead Act and its implementing regulations, all existing housing which receives housing assistance payments under a program administered by HUD, or otherwise receives more than $5,000 in project-based assistance under a federal housing program, is subject to lead inspection and abatement procedures. 42 U.S.C. § 4822; 24 C.F.R. § 882.109©; 24 C.F.R. § 35.24. These procedures are intended “to eliminate as far as practicable the hazards of lead-based paint poisoning” with respect to the covered housing. Id. It is clear that the Section 8 program administered by the Housing Authority falls under the requirements of the Lead Act. It is equally clear that, under the Lead Act and its implementing regulations, the Housing Authority, as a condition of receiving federal funding for low-income housing assistance, has a duty to inspect Section 8 apartments for hazards resulting from lead-based paint and to ensure that any such hazards are eliminated as far as practicable. 42 U.S.C. § 4822(a)(1); 24 C.F.R. § 882.109©; 24 C.F.R. § 35.24(4).

Following Jonathan’s injuries, the Davises filed a civil action, alleging federal and state law causes of action against both the Housing Authority and Miriam Shaw. Counts I through III of the complaint asserted claims against the Housing Authority under three separate theories of liability: (1) 42 U.S.C. § 1983; (2) liability to third party beneficiaries for breach of contract; and (3) direct private rights of action.2 In response, the Housing Authority filed a motion to dismiss the claims against it, arguing that the Davises lacked prudential standing to assert their claims because their rights were not within the “zone of interests” intended to be protected by the Lead Act.

The district court agreed and held that the Davises did not have standing to assert their claims against the Housing Authority. The court reasoned that “[bjecause Plaintiffs are not participants in the Section 8 housing assistance program, their interests are not consistent with the purpose implicit in the statute at issue____ Plaintiffs do not have standing to pursue the claims at issue due to their lack of Section 8 status.” Davis v. Philadelphia Hous. Auth., No. 96-1665, 1996 WL 377189, at *3 (E.D.Pa. July 3, 1996). The court then dismissed Counts I-IV of the complaint.3

II.

At the outset, we note the limited scope of the issue we are asked to review; namely, whether the district court erred by dismissing the Davis’s claims for lack of standing.4 This issue is analytically distinct from the related question of whether the Lead Act provides Section 8 participants or their successor tenants with either an express or implied cause of action against the Housing Authority for an alleged breach of its duties to inspect for lead-based hazards and to ensure the removal of such hazards in apartment units which are, or at some time were, part of the Section 8 program. In Bowman v. Wilson, 672 F.2d 1145, 1151 n. 10 (3d Cir.1982), we explicitly noted the distinc tion between a dismissal of a claim for lack of standing based on a failure to satisfy the zone of interests test and a dismissal for failure to state a cause of action. There we stated:

When the question is whether any plaintiffs are entitled to relief under a statute [95]*95which does not expressly provide the relief which is sought, the question is properly framed as whether a cause of action can be implied. The court must in that ease decide whether a newly-fashioned remedial structure should be made available to a class of litigants not expressly entitled to relief under the statute.
In contrast, when there already exists a cause of action prescribing a particular remedy for a defined class of persons and the question is simply whether a particular plaintiff is also entitled to that relief, the question is properly addressed as one of standing. In such a case, the inquiry focuses on whether the plaintiff is the proper person to press the claim.

Id. at 1151 n. 10 (citations omitted). In the present action, the district court dismissed the Davis’s claims against the Housing Authority solely on its conclusion that the Davises did not have standing because their interests “are not consistent with the purposes implicit in the statute at issue.” Davis, 1996 WL 377189, at *3.

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121 F.3d 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-ex-rel-davis-v-philadelphia-housing-authority-ca3-1997.