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Perkins v. Metropolitan Council

United States District Court, D. Minnesota

May 23, 2014

Kimberly Perkins, Plaintiff,
v.
Metropolitan Council, Metro HRA, Defendant

Page 1007

Heather Meyers, Esq., Michael W. Hagedorn, Esq. and Southern Minnesota Regional Legal Services, St. Paul, MN, counsel for plaintiff.

Mary G. Dobbins, Esq. and Landrum Dobbins LLC, Edina, MN, counsel for defendant.

OPINION

Page 1008

ORDER

David S. Doty, United States District Judge.

This matter is before the court upon the motion for preliminary injunction by plaintiff Kimberly Perkins. Based on a review of the file, record and proceedings herein, and for the following reasons, the court denies the motion.

BACKGROUND

This housing dispute arises out of the cessation of Perkins's Section 8 Housing Choice Voucher assistance by defendant Metropolitan Council, Metro HRA (Metro HRA). Perkins has a history of depression, PTSD, anxiety, insomnia, dissociative disorder and a seizure disorder. Ver. Compl. ¶ 26. Perkins's son has also been diagnosed with a seizure disorder. Id. ¶ 27.

Perkins has been issued Section 8 housing vouchers since 1991. Id. ¶ 28. On December 1, 2012, Perkins began renting an apartment at Garden Grove Apartments (Garden Grove) in New Brighton, Minnesota. Id. ¶ 29. On April 29, 2013, Garden Grove informed Perkins that her lease would not be renewed when it expired on November 30, 2013. Id. ¶ 30. Perkins and her son did not vacate the unit on November 30, 2013. Id. ¶ 32.

Page 1009

Perkins alleges that she did not vacate the unit because she was incapable of moving due to her disability and that of her son. Id. ¶ ¶ 32-33.

On December 2, 2013, Garden Grove commenced an eviction action against Perkins in Ramsey County District Court. Id. ¶ 35. On January 8, 2014, the Ramsey County District Court held that Perkins improperly held over after the expiration of her lease and ordered that Garden Grove was entitled to recover the rental property. Id. ¶ 36. Perkins was removed from the unit on January 17, 2014, by the Ramsey County Sheriff. Meyers Aff. Ex. 1, at ¶ 26.

On January 10, 2014, Metro HRA sent a " Termination of Assistance" letter to Perkins, informing her that her assistance would be terminated on February 28, 2014, because she had committed a serious violation of her lease. Ver. Compl. ¶ 38. On January 13, 2014, Perkins requested (1) a pre-termination informal hearing and (2) that Metro HRA provide Perkins with a reasonable accommodation by reinstating her Section 8 assistance to allow her to move to a new apartment. Id. ¶ ¶ 39, 44. As part of the request, Perkins submitted a letter from her physician stating that Perkins was disabled and ...


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