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Treasa Fennie v. D'anne Brevetti

May 10, 2011

TREASA FENNIE,
PLAINTIFF,
v.
D'ANNE BREVETTI, DEFENDANT.



The opinion of the court was delivered by: Mary L. Cooper United States District Judge

NOT FOR PUBLICATION

OPINION

THE PLAINTIFF, who is pro se, applies for in-forma-pauperis relief under 28 U.S.C. § 1915 ("Application"). (Dkt. entry no. 1, Appl.) The Court will (1) grant the Application, and (2) deem the Complaint to be filed. The Court may now (1) review the Complaint, and (2) dismiss it sua sponte if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B). The Court will dismiss the Complaint, as it fails to state a claim on which relief may be granted.

BACKGROUND

I. DEFENDANT

The plaintiff identified the defendant, D'Anne Brevetti, as the "managing agent" of either "Region Nine - New Brunswick UAW Housing Corp." or "Region Nine Housing Corp." (Dkt. entry no. 1, Compl.; Appl; dkt. entry no. 1, Civil Cover Sheet.) The Court's own research on Westlaw databases, the New Jersey State Business Gateway Service database, and the website for the Region Nine Housing Corporation ("RNHC") reveals that (1) RNHC's state of incorporation is unclear, but its principal place of business is in New Jersey, and (2) New Brunswick U.A.W. Housing Corp. ("NBUAW") is a New Jersey corporation with its principal place of business in New Jersey. See also Jenkins v. Region Nine Hous. Corp., 306 N.J.Super. 258, 258, 261 (N.J. App. Div. 1997) (noting RNHC is corporation); Richard Khavkine, A Permanent Remembrance, Home News Tribune, Mar. 30, 2008 (noting RNHC has its main office in New Jersey, and NBUAW operates as sole owner of certain housing project); Nawal Qarooni, Saving A Parking Space For Seniors, Star-Ledger, Oct. 19, 2006 (noting RNHC and NBUAW are corporations). The Court's research also reveals that Brevetti is a New Jersey citizen.

II. PLAINTIFF

The plaintiff is a New Jersey citizen who is a resident of a housing project managed by NBUAW. (Compl. at 1.)

III. RELATED ACTION

It appears that NBUAW has brought a landlord-tenant action ("Landlord-Tenant Action") in New Jersey state court against the plaintiff. See New Brunswick UAW v. Fennie, No. LT-3067-11.

IV. 42 U.S.C. § 3535

42 U.S.C. § 3535 concerns administrative provisions relating to the United States Department of Housing and Urban Development ("HUD"). The statute provides that the Secretary of HUD is authorized to make rules and regulations to carry out HUD's functions, powers, and duties. 42 U.S.C. § 3535(d).

V. 24 C.F.R. § 245.15(a)

24 C.F.R. ยง 245.15(a) is a regulation concerning the manner in which tenants of a housing project must be notified concerning (1) a request for approval of a rent increase, (2) changes in the manner in which utilities are paid, (3) conversion of residential units to certain other purposes, (4) transfer of a housing project to another entity, (5) a partial release of a ...


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