Antonelli v. Gloucester Cnty. Hous. Auth.
| Decision Date | 25 October 2019 |
| Docket Number | Civil No. 19-16962 (RBK/AMD) |
| Parties | DANIELLE LYN ANTONELLI, Plaintiff, v. GLOUCESTER COUNTY HOUSING AUTHORITY, et al. Defendants. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
This matter comes before the Court on Plaintiff Danielle Lyn Antonelli's in forma pauperis ("IFP") Complaint (Doc. No. 1 ("Compl.")). Plaintiff alleges that Defendants Gloucester County Housing Authority ("GCHA"), Jessica Laine, Morgan Cox, and Walter Norris have violated a host of her federal rights by first downgrading and then terminating her housing subsidy voucher. For the reasons set forth below, Plaintiff's Complaint is DISMISSED IN PART.
Plaintiff's handwritten Complaint is occasionally vague and hard to parse, but the Court has done its best to piece together Plaintiff's allegations. Plaintiff alleges that she has a disability and is the parent of three children. Compl. at 3-4. At some point in the past, she resided in a three-bedroom handicap unit with her children. Compl. at 3. However, at a subsequent point, Plaintiff applied for a Section 8 housing choice voucher from the GCHA, which she wished to use to obtain a new three-bedroom unit. Id. Plaintiff entered into a housing contract for year in a unit in Glassboro, after which she could move elsewhere. Id.
Later, Plaintiff's Section 8 voucher was downgraded, and as a result she was unable to obtain a unit with a bedroom for her son. Id. She applied to the GCHA for a hearing to protest the downgrading of her voucher and submitted documents to substantiate her claim for a three-bedroom apartment. Id. It is unclear if GCHA held the requested hearing, but Plaintiff alleges that GCHA then used "threat, duress, and coercion" to make her sign a repayment agreement for having her child. Id. Plaintiff then remained in the Glassboro unit for a year. Id.
Plaintiff alleges that she is a victim of domestic violence, and it seems that this abuse has been going on for an extended period of time. Compl. at 4. Following an incident of domestic violence, Plaintiff applied to the GHCA for an emergency transfer and relocation to a new unit. Compl. at 3. However, GHCA failed to accommodate that transfer. Id. Indeed, Plaintiff alleges that on June 26, 2019, she received a letter from the GHCA terminating her Section 8 benefits due to these domestic violence incidents. Id. On July 30, 2019, Plaintiff applied for a hearing from GHCA.1 Id. Further, Plaintiff alleges that Defendants Jessica Lane, Morgan Cox, and Walter Norris are employees of the GHCA and played an active role in this series of events. Id.
Due to the termination of her Section 8 voucher, Plaintiff and her children are now homeless. Id. Plaintiff alleges that due to Defendants' actions she is currently suffering from post-traumatic stress disorder and other forms of emotional distress. Id. As such, she is seeking compensatory and punitive damages. Id.
Plaintiff filed her Complaint and Application to Proceed IFP on August 20, 2019. Id. The Court granted her Application to Proceed IFP on August 22, 2019, and authorized service of the Complaint. Doc. No. 2. The Court now completes its screening of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).
Plaintiff's Complaint focuses on adverse actions taken by GCHA in relation to Plaintiff's Section 8 housing choice voucher. Compl. at 3. Although there are many different programs colloquially referred to as "Section 8," Plaintiff's reference to a "housing choice voucher" leads the Court to conclude that she is a participant in the Housing Choice Voucher Program ("HCVP"), set forth at 42 U.S.C. § 1437f(o). Under the HCVP, the Federal Department of Housing and Urban Development ("HUD") provides local public housing agencies ("PHAs") with federal funds, which the local agencies then use to subsidize rents for low-income tenants residing in privately owned units. 42 U.S.C. § 1437(o). Importantly, the onus is on the program participant to find a unit, rather than on the PHAs. See 24 C.F.R. § 982.302(a) ( ); Louis v. NYC Housing Auth., 152 F. Supp. 3d 143, 153 (S.D.N.Y. 2016) (); Liberty Resources, Inc. v. Phila. Housing Auth., 528 F. Supp. 553, 568 (E.D. Pa. 2007) ( .
District courts must review IFP complaints and sua sponte dismiss any action or appeal that "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii)seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B). "Whether a complaint should be dismissed under § 1915 because it fails to state a claim is assessed under the same standard as a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6)." Rhodes v. Maryland Judiciary, 546 F. App'x 91, 93 (3d Cir. 2013).
When evaluating a 12(b)(6) motion to dismiss, "courts accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (quoting Phillips v. Cty. of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)). A complaint survives a motion to dismiss if it contains sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). It is not for courts to decide at this point whether the non-moving party will succeed on the merits, but "whether they should be afforded an opportunity to offer evidence in support of their claims." In re Rockefeller Ctr. Props., Inc. Sec. Litig., 311 F.3d 198, 215 (3d Cir. 2002). While "detailed factual allegations" are not necessary, a "plaintiff's obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555 (internal quotations omitted); see also Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009).
As Plaintiff is proceeding pro se, the Court is mindful of its "duty to construe [the] pleadings liberally and apply the applicable law, irrespective of whether [plaintiff has] mentioned it by name." Rose v. Ortiz, No. 14-1738 (CCC), 2015 WL 9216589, at *1 (D.N.J. Dec. 16, 2015) (citing Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 244 (3d Cir. 2013)).
Plaintiff brings suit under a wide variety of federal laws, including: (1) Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 794; (2) Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq.; (3) the Fair Housing Act of 1968 ("FHA"), as amended, 42 U.S.C. § 3601 et seq.; (3) Title VI of the Civil Rights Act of 1964 ("Title VI"), 42 U.S.C. § 2000d et seq.; (4) the Health Insurance Portability and Accountability Act ("HIPAA"); (4) 41 U.S.C § 6503; and (6) 18 U.S.C. § 1341. As such, the Complaint successfully invokes federal question jurisdiction under 28 U.S.C. § 1331.
Plaintiff's Complaint is brief, but dense. Plaintiff appears to reference three distinct events as providing a basis for relief: (1) the initial downgrading of Plaintiff's HCVP voucher that meant that she was unable to secure a unit with a bedroom for her son; (2) the GCHA's failure to relocate her in response to the domestic violence committed against her; and (3) the termination of her HCVP voucher in June 2019 that resulted in her present homelessness. The Court begins by analyzing these events under Plaintiff's causes of action rooted in disability discrimination, namely the Rehabilitation Act, the ADA, and FHA. Next the Court turns to Plaintiff's claims of sex discrimination under the FHA. After addressing these claims, the Court addresses Plaintiff's claim of racial discrimination under Title VI. Finally, the Court discusses Plaintiff's remaining assorted claims.
Section 504 of the Rehabilitation Act provides that an individual with disabilities "shall [not], solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." 29 U.S.C. § 794(a). Title II of the ADA extends these protections to all stateand local government activities, providing that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." 42 U.S.C. § 12132. Due to their similar language and purpose, courts generally interpret and apply these statutes in lockstep. See Yeskey v. Commonwealth of Pa. Dep't of Corr., 118 F.3d 168, 170 (3d Cir. 1997) ().
In order to prevail on either her Rehabilitation Act or her ADA claim, Plaintiff must show that: (1) she has a disability; (2) was otherwise qualified to participate in a government program; and (3) "was denied the benefits of the program or was otherwise subject to discrimination because of her disability." Chambers ex rel. Chambers v. Sch. Dist. Of Phila. Bd. Of Educ., 587 F.3d 176, 189 (3d Cir. 2009) ...
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