On September 7, 2021, Nichols Kaster—together with John R. Shoemaker, Paul F. Shoemaker, and Larry McDonough—filed a class action challenging the egregious discriminatory practices that have forced public housing tenants in Minneapolis to endure hazardous and appalling housing conditions. The Complaint alleges that the City of Minneapolis discriminated on the basis “public assistance status” by failing to provide public housing tenants the inspection, licensing, maintenance, and related services that the City provides to tenants in privately-owned rental dwellings. Minneapolis Public Housing Authority and Community Housing Resources are also named defendants, with the lawsuit alleging that they breached the terms of their leases with tenants by failing to obtain licenses and inspections and respond to maintenance requests. The lawsuit goes on to assert consumer protection and housing law violations against all three defendants.

This is a civil rights class action, brought under the Minnesota Human Rights Act, and challenges the defendants’ illegal practices as endured by Plaintiff Kimberly Lowry and other similarly situated public housing tenants. Plaintiff, on behalf of herself and members of the proposed Classes, seeks monetary damages and injunctive relief.

This case is entitled Lowry v. City of Minneapolis, et. al., Court File No. 27-CV-21-10928 (Minnesota’s Fourth Judicial District Court)

Case Updates

January 9, 2023

Plaintiffs’ Public Housing Claims Move Forward in Minneapolis

On January 3, 2023, Minnesota District Judge Patrick D. Robben ruled largely in favor of Plaintiffs Kimberly Lowry and Jeanne Harris when he denied, in part, a motion for judgment on the pleadings. Landlord Defendants Minneapolis Public Housing Authority (“MPHA”) and Community Housing Resources (“CHR”) brought the motion in Lowry v. City of Minneapolis, et. al, Case No. 27-CV-21-10928, filed in Minnesota’s Fourth Judicial District Court. While Judge Robben dismissed Plaintiffs’ Consumer Fraud Act and Deceptive Trade Practices Act claims, Plaintiffs’ claims under common law breach of contract, the Minneapolis Housing Maintenance Code, and the State Statutory Covenant of Habitability all survived and will proceed to discovery. Plaintiffs’ claims against the City of Minneapolis for denial of public services under the Minnesota Human Rights Act remain in the case as well.

Plaintiffs’ class action against MPHA, CHR, and the City of Minneapolis challenges alleged discrimination faced by public housing tenants due to their deteriorated and substandard housing conditions. The lawsuit alleges that the Defendants discriminated on the basis of “public assistance status” by failing to provide public housing tenants the City mandated inspection, licensing, and related public services that the City provides to tenants in privately-owned rental dwellings, and that the public housing defendants failed to provide City-licensed and inspected, code-compliant rental housing.

“This decision ensures that Minneapolis public housing tenants, currently living in dangerous and substandard conditions, are one step closer to their day in court,” said one of Plaintiffs’ attorneys, Nicole J. Schladt of Nichols Kaster, PLLP.

Plaintiffs are represented by Anna P. Prakash and Nicole J. Schladt of Nichols Kaster, PLLP; John R. Shoemaker and Paul F. Shoemaker of Shoemaker & Shoemaker, PLLC; and Larry McDonough.

July 27, 2022

Minneapolis Public Housing Authority Update

After filing this case in state court on September 7, 2021, Defendant MPHA/CHR removed the case to federal court. Plaintiff immediately moved to remand the case to state court, arguing that each of Plaintiff’s causes of action arose under state law and thus the federal court did not have jurisdiction. On July 15, 2022, the District of Minnesota granted Plaintiff’s motion and remanded Lowry v. City of Minneapolis, et al. to state court. Plaintiff will now pursue her claims as intended in state court.

September 8, 2021

Public Housing Civil Rights Class Action Filed on Behalf of Tenants in Minneapolis by Their Attorneys Nichols Kaster, PLLP, Shoemaker & Shoemaker PLLC, and Larry McDonough

On September 7, 2021, Kimberly Lowry filed a class action challenging the egregious discriminatory practices that have forced public housing tenants in Minneapolis to endure hazardous and appalling housing conditions. The lawsuit alleges that the City of Minneapolis discriminated on the basis of “public assistance status” by failing to provide public housing tenants the inspection, licensing, maintenance, and related services that the City provides to tenants in privately-owned rental dwellings. Minneapolis Public Housing Authority and Community Housing Resources are also named defendants, with the lawsuit alleging that they breached the terms of their leases with tenants by failing to obtain licenses and inspections and respond to maintenance requests. The lawsuit goes on to assert consumer protection and housing law violations against all three defendants.

Ms. Lowry’s situation is indicative of the widespread problem public housing tenants in Minneapolis experience, the lawsuit alleges. Ms. Lowry has experienced a multitude of dangerous and substandard conditions within her rental home, including sewage backing up into her basement, dirt and water intrusion and flooding, loose asbestos floor tile, and peeling paint. Despite reporting these issues, she alleges that defendants have not addressed the situation and that one public housing repair worker simply told her that she should not be in the basement when it is wet because of asbestos.

“Public housing tenants deserve decent, sanitary housing. They deserve housing that complies with the law,” said one of Ms. Lowry’s attorneys, Anna Prakash of Nichols Kaster, PLLP. “The fundamental health and safety protections the law provides should not be dependent on whether someone receives public assistance.”

Ms. Lowry, like other Minneapolis housing public tenants, takes great pride in how she has been able to manage her house despite the defendants’ alleged failures. Her house is her home, and she wants to continue living there. Ms. Lowry, on behalf of herself and the other public housing tenants, is simply seeking the legal protections that they must be afforded to continue to live in their homes safely.

Ms. Lowry is represented by Anna P. Prakash and Nicole J. Schladt of Nichols Kaster, PLLP; John R. Shoemaker and Paul F. Shoemaker of Shoemaker & Shoemaker, PLLC; and Larry McDonough. The case is Lowry v. City of Minneapolis, et. al, Case No. 27-CV-21-10928, and is filed in Minnesota’s Fourth Judicial District Court.

Attorneys

• Anna P. Prakash