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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALEX JOSEPH and JOEL D. JOSEPH, Plaintiffs v. MICHAEL W. SKOJEC, et al., Defendants : : : : : : : ...o0o...

CIVIL NO. AMD 04-4069

MEMORANDUM OPINION Plaintiffs Alex and Joel D. Joseph are tenants in an apartment building in Montgomery County. At the times relevant to this case, Alex was 17 years old. His father, plaintiff Joel D. Joseph, is an attorney. The plaintiffs' apartment complex, known as the Metropolitan Apartments, is owned by defendant Housing Opportunities Commission of Montgomery County (a governmental entity), and is managed by defendant Bozzuto Management Company. Defendant Michael W. Skojec is a member of the law firm (which is also named as a defendant) representing Bozzuto. According to the complaint (and the exhibits attached thereto), a dispute arose between plaintiffs and Bozzuto in respect to alleged disruptive behavior by the minor plaintiff in or about the public areas of the apartment complex, including the rooftop deck. As a result of the dispute, plaintiff Alex Joseph distributed a questionnaire to all tenants in which plaintiffs sought to conduct a survey of tenant views on the idea of having Bozzuto open the building's rooftop deck on a yearround basis. Compl., Exh. 1. When Bozzuto learned of plaintiffs' distribution of the tenant survey, Bozzuto objected. Skojec, at Bozzuto's direction, delivered a letter to plaintiffs warning plaintiffs, inter alia, that the tenant questionnaire constituted a "solicitation," that "solicitation" without management approval was prohibited by the plaintiffs' lease, and specifically demanded that the

"solicitations" "immediately cease." Compl., Exh. 2.1 In addition, Skojec's letter alleged that the rooftop deck "solicitation" contained "incomplete and thus, . . . false information," and that such "false statements" made "in order to interfere with the management of the property may . . . be independently actionable." Id. The letter ended with an explicit threat that "if there are any further violations of [lease] . . . you will be immediately notified that the lease is terminated and appropriate legal action taken to enforce the termination." Id. Upon his receipt of the letter, Joel Joseph wrote to Skojec announcing his intention to file this law suit, and described the Skojec letter as "outrageous, illegal, libelous and harassing." In particular, Joseph alleged that the Skojec letter violated the Montgomery County Code, and that it was "threatening, coercive and harassing." Skojec promptly responded to plaintiffs' letter disputing the plaintiffs' characterization of his first letter. In his response, Skojec stated the following, in part: [W]hile the Montgomery County Code permits the distribution of rental housing literature by tenants, it does not address solicitation of other residents in surveys that are delivered into other residents' units without their permission, nor does it prohibit management from asking tenants to present their literature and concerns to management first. If your son was only handling out literature to residents that suggested that the residents encourage management to open the roof deck more often, had your permission as his parent, and had advised management first that he would distribute literature in a way that did not disturb residents, he may have been permitted to do so. But that is not what happened. Apparently, your son was distributing the questionnaires by sliding them under the doors into apartment units. Some of the residents who received them complained to management and asked that the deliveries be immediately stopped. Compl., Exh. 4, at 1-2. Thereafter, plaintiffs filed this action. In count one, plaintiffs purport to assert a first

The letter was addressed to "Harold Joseph c/o Joel Joseph." Harold Joseph is the father of Joel and the grandfather of Alex and the named lessee. There is no dispute, however, that Joel and Alex are lawful residents in the leased premises. -2-

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amendment retaliation claim pursuant to 42 U.S.C.

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