Free Answer - District Court of Federal Claims - federal

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 1 of 8

IN THE UNITED STATES COURT OF FEDERAL CLAIMS PENNSAUKEN SENIOR TOWERS URBAN RENEWAL ASSOCIATES, LLC and HOUSING AUTHORITY OF THE TOWNSHIP OF PENNSAUKEN Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-174C (Judge Lettow)

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES For its answer to the complaint, defendant, the United States, admits, denies, and alleges as follows: 1. The allegations contained in the first sentence of paragraph 1 are plaintiff's

characterization of its case to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the second sentence of paragraph 1 to the extent supported by the HAP Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in the second sentence of paragraph 1. The allegations contained in the third sentence of paragraph 1 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations contained in paragraph 2 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 3. Denies the allegations regarding the structure of Renewal Associates contained in

paragraph 3 for lack of knowledge or information sufficient to form a belief as to their truth.

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 2 of 8

Admits that Pennsauken Towers Apartments is located in Pennsauken Township, Camden County, New Jersey and consists of 100 one bedroom units and one manager's unit. 4. Admits the allegations contained in paragraph 4 to the extent supported by the Lease

Agreement cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Admits the allegation contained in the first sentence of paragraph 5. The allegation

contained in the second sentence of paragraph 5 constitutes a conclusion of law to which no answer is required; to the extent it may be deemed an allegation of fact, it is denied. 6. Denies the allegation contained in the first sentence of paragraph 6; avers that the HAP

contract with HUD for Pennsauken Towers Apartments was project number NJ16-0029-001, which became effective on June 9, 1981. The allegations contained in the second sentence of paragraph 6 constitute conclusions of law to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 7. Admits the allegations contained in paragraph 7 to the extent supported by the HAP

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7. 8. Admits the allegations contained in paragraph 8 to the extent supported by the HAP

Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. 9. Admits the allegations contained in paragraph 9 to the extent supported by the HAP

Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 9.

2

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 3 of 8

10.

Admits the allegations contained in paragraph 10 to the extent supported by the HAP

Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 10. 11. 12. Admits. Admits the allegations contained in paragraph 12 to the extent supported by the HAP

Contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 12. 13. The allegation contained in paragraph 13 constitutes a conclusion of law to which no

answer is required; to the extent it may be deemed an allegation of fact, it is denied. 14. The allegations contained in paragraph 14 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 15. 16. Admits. The allegations contained in paragraph 16 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 17. The allegations contained in paragraph 17 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 18. The allegations contained in paragraph 18 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 19. Defendant's responses to paragraphs 1 through 18 of the complaint are incorporated by

reference.

3

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 4 of 8

20.

Denies the allegations contained in the first sentence of paragraph 20; avers that the

contract rent was increased between 1981 and 1994 from $486 to $828. Denies the allegation contained in the second sentence of paragraph 20. 21. Admits the allegation contained in paragraph 21 that the Government published AAAFs

annually; denies the remaining allegation contained in paragraph 21 because it constitutes a conclusion of law to which no answer is required; to the extent it may be deemed an allegation of fact, it is denied. 22. The allegations contained in paragraph 22 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 23. 24. Denies the allegations contained in paragraph 23. Denies the allegation contained in paragraph 24; avers that the contract rent under the

HAP Contract for Pennsauken Towers was not adjusted from 2002 until March, 2007, when the rent was adjusted to $885. 25. The allegations contained in paragraph 25 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 26. 27. Denies. Defendant's responses to paragraphs 1 through 26 of the complaint are incorporated by

reference. 28. The allegations contained in paragraph 28 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 29. Defendant's responses to paragraphs 1 through 28 of the complaint are incorporated by

reference.

4

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 5 of 8

30.

The allegations contained in paragraph 30 constitute conclusions of law and plaintiff's

characterization of its case to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 31. Defendant's responses to paragraphs 1 through 30 of the complaint are incorporated by

reference. 32. The allegations contained in paragraph 32 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 33. Defendant's responses to paragraphs 1 through 32 of the complaint are incorporated by

reference. 34. The allegations contained in paragraph 34 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 35. Defendant's responses to paragraphs 1 through 34 of the complaint are incorporated by

reference. 36. The allegations contained in paragraph 36 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 37. Defendant's responses to paragraphs 1 through 36 of the complaint are incorporated by

reference. 38. The allegations contained in paragraph 38 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 39. Defendant's responses to paragraphs 1 through 38 of the complaint are incorporated by

reference.

5

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 6 of 8

40.

The allegations contained in paragraph 40 constitute conclusions of law to which no

answer is required; to the extent they may be deemed allegations of fact, they are denied. 41. Denies that plaintiff is entitled to the relief set forth in the prayer for relief immediately

following paragraph 40, or to any relief whatsoever. 42. Denies each and every allegation not previously admitted or otherwise qualified. AFFIRMATIVE DEFENSES 43. Claims asserted in the complaint that accrued prior to six years before the complaint's

filing date are barred by the statute of limitations. 44. Renewal Associates is not in privity of contract with defendant because the HAP contract

at issue is between the Housing Authority and defendant; the Court does not possess jurisdiction to consider the claims of Renewal Associates. WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and proper. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ BRIAN M. SIMKIN Assistant Director

6

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 7 of 8

Of Counsel: ALLEN VILLAFUERTE Office of General Counsel Department of Housing and Urban Development 451 7th St., S.W., Room 10258 Washington, D.C. 20410 Tele: 202-402-5095 Fax: 202-708-3351

s/ ARMANDO A. RODRIGUEZ-FEO Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tele: 202-307-3390 Fax: 202-514-8624 Attorneys for Defendant

20 August __, 2007

7

Case 1:07-cv-00174-CFL

Document 11

Filed 08/20/2007

Page 8 of 8

CERTIFICATE OF FILING I hereby certify that on this 20 day of August, 2007, a copy of the foregoing ___th "DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Armando Rodriguez-Feo