Hedco, Ltd. v. Blanchette

763 A.2d 639, 2000 R.I. LEXIS 234, 2000 WL 1880231
CourtSupreme Court of Rhode Island
DecidedDecember 26, 2000
DocketNo. 98-510-Appeal
StatusPublished
Cited by10 cases

This text of 763 A.2d 639 (Hedco, Ltd. v. Blanchette) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hedco, Ltd. v. Blanchette, 763 A.2d 639, 2000 R.I. LEXIS 234, 2000 WL 1880231 (R.I. 2000).

Opinion

OPINION

PER CURIAM.

This case came before the Supreme Court for oral argument on November 8, 2000, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be summarily decided. The plaintiff, Hedco, Ltd. (Hedco), has appealed a Superior Court order granting a Super.R.Civ.P. 12(b)(1) motion (“lack of jurisdiction over the subject matter”) to the defendant, Gwendolyn Blanchette (Blanchette), and dismissing a trespass and ejectment action brought by the plaintiff. After hearing the arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be summarily decided.

The facts of this case are not in dispute. Blanchette was a tenant in rental housing federally subsidized by the United States Department of Housing & Urban Development (HUD) and managed by plaintiff Hedco. The parties had a lease agreement, according to which defendant was responsible for payment of $199 per month as her share of the $840 rent. In 1998, defendant did not pay her June rent on the specified first day of the month, but informed Hedco on June 5 that she had spent her rent money. On June 16, 1998, Hedco hand-delivered to defendant a notice on which was written, “Date of Mailing: June 16, 1998,” and which was titled, “Notice of Proposed Termination of Tenancy for Nonpayment of Rent and Ten-Day Demand Notice for Nonpayment of Rent Pursuant to Federal Regulation and R.I. Gen.Laws [1956] Section 34-18-35.” The notice informed Blanchette that she was more than fifteen days in arrears for her rent, and that:

“[u]nless you make payment of all rent in arrears within ten (10) days of the date that this Notice was mailed to you, your tenancy will be terminated and an eviction notice may be initiated in court against you on or after June 29, 1998.”

The notice also described the method by which the tenant could pay rent in order to prevent termination of the tenancy, and it offered to discuss the amount owed. It also advised tenant that in addition to the rent due, she owed a late charge of $15. After defendant did not pay her rent within the ten days set forth in the notice, Hedco filed a complaint in District Court on June 29, 1998, for eviction for nonpay[641]*641ment of rent pursuant to the Residential Landlord and Tenant Act, G.L.1956 § 34-18-35. On July 1, 1998, Hedco presented defendant with a notification signed by the resident manager amending her lease agreement by adjusting the rent. On the document in the manager’s handwriting was the direction, “Please come to this office to sign your new lease.” When defendant attempted to tender her rent on July 2, 1998, Hedco refused acceptance, relying on §. 34-18-35(e), under which a renter has a right to cure the failure to pay rent after commencement of suit only if she had not already received a separate notice within the six months immediately preceding the filing of the action. The defendant here had received such a notice three months previously, when she paid her rent more than fifteen days late.

Judgment for possession was entered for plaintiff on July 8, 1998, and defendant was ordered to pay $241 in back rent, plus interests and costs. Subsequently, Blan-chette filed an appeal in Superior Court and asked that the matter be dismissed for lack of jurisdiction pursuant to Rule 12(b)(1), or in the alternative, for summary judgment. The motion justice granted dismissal, finding that plaintiffs termination notice was fatally defective for failing to comply with the Code of Federal Regulations, 24 C.F.R. § 247.4(a)(l)(2000), which required a specific termination date for a federally subsidized tenancy.

During the hearing on the motion to dismiss, the judge stated that

“the [issue] that was most troublesome to the Court was the requirement that the notice must specify the termination date. *** [T]he reason that is so critical is because the termination date is the date upon which the landlord-tenant agreement between these parties theoretically comes to an official end, and it is the date before which the landlord has no right to file court proceedings to evict the tenant.
“It doesn’t say the tenant has to count the dates. It says the tenant has to be notified of the date. *** [T]he regulations are pretty specific as far as what notice the defendant must be given; and date means date.”

The motion justice concluded by stating that “the Court finds that the notice is in fact insufficient, thus depriving the Court of jurisdiction over this eviction action.”

The defendant further argued that the notice was insufficient because (1) it was prematurely delivered, (2) it contained a demand for late fees in addition to rent, and (3) it did not advise defendant that commencement of a court action is the exclusive method for a plaintiff to enforce the termination of tenancy. Finding that absence of a specified termination date was fatal to the sufficiency of the notice, the motion judge did not reach those arguments; she did state, however, that “[a]ny one of those failures is sufficient in the Court’s mind to find that the notice was ineffective and, therefore, insufficient as far as being the basis of eviction action.”

We have previously held that “although the lack of subject matter jurisdiction cannot be raised by a motion for summary judgment, such a motion may be treated as one to dismiss.” Cranston Teachers Association v. Cranston School Committee, 120 R.I. 105, 108, 386 A.2d 176, 178 (1978). This Court will affirm the granting of a defendant’s motion to dismiss “if a plaintiff would not be entitled to relief from a defendant under any set of facts that could be proven in support of the plaintiffs complaint.” Garganta v. Mobile Village, Inc., 730 A.2d 1, 3 (R.I.1999) (per curiam) (citing Builders Specialty Co. v. Goulet, 639 A.2d 59, 60 (R.I.1994)).

“Actions for eviction that are due to nonpayment of rent are strictly regulated by statute.” Russo v. Fleetwood, 713 A.2d 775, 777 (R.I.1998) (per curiam). Proper termination for nonpayment of rent is detailed in § 34-18-35(a), which requires a written notice informing the tenant that the rental agreement shall terminate “unless he or she cures the breach [642]*642within five (5) days of the date of mailing of the notice.” The termination in the present case does substantially follow the language in § 34-18-56, which statute also features a sample notice sufficient for termination. Pursuant to § 34-18-3(b)(2), when a rental agreement involves federally subsidized housing, the chapter applies unless federal regulations conflict directly with the state provisions, “in which case the rights and responsibilities derived from federal laws and regulations shall control.”

Here, defendant’s apartment was subsidized by HUD, which paid over 75 percent of her rent, and a landlord seeking to evict a tenant was required to send a termination notice that complied with federal regulations as set forth in 24 C.F.R.

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Cite This Page — Counsel Stack

Bluebook (online)
763 A.2d 639, 2000 R.I. LEXIS 234, 2000 WL 1880231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedco-ltd-v-blanchette-ri-2000.