Shymel Codio v. Bailey House Inc. and Housing Works Inc.

Summary

The Eastern District of New York dismisses pro se Plaintiff Shymel Codio’s complaint against Bailey House Inc. and Housing Works Inc. without prejudice for lack of subject matter jurisdiction. The court finds no constitutional right to housing, and concludes that Plaintiff failed to establish either federal-question or diversity jurisdiction; the court grants in forma pauperis status but denies it for any appeal.

Holdings

1. The complaint did not establish federal-question jurisdiction because the Constitution does not guarantee access to housing of a particular quality, and plaintiff alleged no other plausible violation of the Constitution, federal laws, or treaties.
2. The complaint did not establish diversity jurisdiction because plaintiff alleged neither an amount in controversy exceeding $75,000 nor complete diversity of citizenship.
3. The complaint had to be dismissed without prejudice because the court lacked subject matter jurisdiction.
4. Leave to amend was denied because amendment would be futile based on the allegations in the complaint.

Questions Presented

1. Whether the complaint plausibly invoked federal-question jurisdiction by alleging a federal constitutional right to housing.
2. Whether the complaint invoked diversity jurisdiction when it alleged no non-speculative amount in controversy exceeding $75,000 and showed that all parties were New York citizens.
3. Whether the complaint should be dismissed without prejudice for lack of subject matter jurisdiction and whether leave to amend should be denied as futile.

Disposition

dismissed