Kendra Walker, et al. v. BH Andrews Ridge, LLC, et al.

Summary

The United States District Court for the District of Maryland granted Defendants’ motion to dismiss the putative class claims in Kendra Walker’s action concerning utility-billing disclosures in a residential lease. The court held that Plaintiff plausibly alleged she was a prospective tenant for purposes of Maryland Real Property § 8-212.4, but found that she had not specifically identified deficiencies in the utility disclosures. The class claims were dismissed without prejudice, and Plaintiff was granted twenty-one days to amend.

Holdings

1. At the pleading stage, Plaintiff plausibly alleged that she was a prospective tenant as to the terms of the new lease because there was a two-week period between the expiration of the first lease and execution of the second lease, and the second lease was prepared by a new management company.
2. The complaint failed to state a plausible claim because it did not identify a specific deficiency in the utility disclosures or allege that the disclosed monthly utility averages were incorrect.
3. A party may not amend its pleadings through motions briefing, so the court could not consider deficiencies asserted for the first time in Plaintiff's opposition.

Questions Presented

1. Whether the complaint plausibly alleged deficiencies in the utility disclosures required by Maryland Real Property § 8-212.4.
2. Whether the disclosure requirements in Maryland Real Property § 8-212.4(c)(1) apply only to prospective tenants and therefore did not apply to Plaintiff.
3. Whether Plaintiff's class claims should be dismissed under Federal Rule of Civil Procedure 12(b)(6).

Disposition

dismissed