Reyes v. Fairfield Properties

Citation661 F.Supp.2d 249
Decision Date24 September 2009
Docket NumberNo. 08-CV-0074 (JFB)(ETB).,08-CV-0074 (JFB)(ETB).
PartiesJoy REYES, as Infant Plaintiff by her Mother and Natural Guardian, Ellen Reyes individually, Plaintiffs, v. FAIRFIELD PROPERTIES, David Berger, David Ford, and David Nobile, Defendants.
CourtU.S. District Court — Eastern District of New York

Frederick K. Brewington of the Law Offices of Frederick K. Brewington, Hempstead, NY, Lester Wayne Mackey of the Law Office of Lester Wayne Mackey, Roosevelt, NY, for Plaintiffs.

Andrew L. Richards and Scott Green of Kaufman Dolowich Schneider Bianco & Boluck, LLP, Woodbury, NY, Robert L. Schonfeld of Moritt Hock Hamroff & Horowitz LLP, Garden City, NY, for Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge.

Plaintiff Ellen Reyes, on behalf of herself and her infant daughter Joy Reyes (collectively, "plaintiffs"), brought this action against defendants Fairfield Properties, David Berger, David Ford, and David Nobile (collectively, "defendants"), alleging that defendants discriminated and retaliated against plaintiffs on the basis of disability and race in connection with the provision of housing, and asserting federal claims pursuant to the Fair Housing Amendments Act of 1988 ("FHAA"), 42 U.S.C. §§ 3602(f)(2), 3602(f)(3)(B), 3617, and 42 U.S.C. § 1982 ("Section 1982"), as well as state law claims of intentional infliction of emotional distress ("IIED"), breach of contract, breach of implied duty of good faith and fair dealing, unlawful eviction, and violations of the New York State Human Rights Law, Executive Law § 296 ("NYSHRL").

Defendants now move to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the Court grants in part and denies in part defendants' motion. Specifically, plaintiffs' claims based on disability discrimination and retaliation under the FHAA and NYSHRL survive dismissal, in accordance with the limitations set forth in this Memorandum and Order. However, plaintiffs' claim based on race discrimination pursuant to Section 1982 is dismissed with leave to replead. Plaintiffs' state law claims also survive, with the exception of the IIED claim and unlawful eviction claim, the latter being dismissed without leave to replead. Plaintiffs are also granted leave by the Court to file a second amended complaint adding the fee owner of the subject premises, Fairfield 64 Gibson LLC, as an additional defendant, pursuant to Rules 15(a) and 20(a) of the Federal Rules of Civil Procedure. In the second amended complaint, which shall be filed within thirty (30) days of this Memorandum and Order, plaintiffs may also supplement their allegations regarding discrimination and retaliation based on race and replead the Section 1982 and IIED claims.

I. BACKGROUND
A. Facts

The following facts are taken from the amended complaint ("Compl."), which the Court assumes to be true for the purposes of deciding this motion and construes them in the light most favorable to plaintiffs, the non-moving party. In addition, the Court takes judicial notice of plaintiffs' filings with the New York State Division of Human Rights ("NYDHR"), and other related court filings, which were attached as exhibits to the defendants' moving papers.1

Plaintiff Ellen Reyes (hereinafter, "Reyes") is an African-American female and parent and natural guardian of the infant plaintiff Joy Reyes. (Compl. ¶ 7.) Reyes is a resident of the State of New York, County of Nassau. (Compl. ¶ 7.) Plaintiff Joy Reyes (hereinafter, "Joy") is an African-American resident of the State of New York, County of Nassau, and a minor who suffers from cerebral palsy. (Compl. ¶ 8.) Joy is permanently bound to a wheelchair due to her inability to walk and support herself. (Compl. ¶ 14.)

Defendant Fairfield Properties (hereinafter, "Fairfield") is an agency located in Commack, New York that provides assistance with rentals, sales, and property management. (Compl. ¶ 9.) The property in question in this case is managed by Fairfield and located in Valley Stream, New York. (Compl. ¶ 9.) Defendant David Berger (hereinafter, "Berger") was employed at all relevant times as the Director of Leasing for Fairfield, and possessed managerial responsibility over the subject premises, including leasing and renting thereof. (Compl. ¶ 10.) At all relevant times, defendant David Ford (hereinafter, "Ford") was employed as the Property Manager for Fairfield, and possessed managerial responsibility over the subject premises, including leasing and renting thereof. (Compl. ¶ 11.) At all relevant times, defendant David Noble (hereinafter, "Noble") was employed as the "Assistant Director Field" for Fairfield. (Compl. ¶ 12.)

In or about 2005, plaintiffs moved into an apartment owned and operated by Fairfield, located in Valley Stream, New York. (Compl. ¶ 13.) Plaintiffs could not access the parking lot by traveling through the rear corridor of the building because the corridor was too narrow for Joy's wheelchair. (Compl. ¶ 15.) Instead, Reyes had to push her daughter in her wheelchair around the front of the apartment complex down the driveway on the side of the building. (Compl. ¶ 15.) Plaintiffs further allege that the driveways and parking lot at the apartment complex were not properly illuminated at night and were scattered with potholes, subjecting Joy to discomfort whenever her wheelchair got caught in the potholes and dislodged her from a level position. (Compl. ¶ 16.)

During the fall of 2006, plaintiffs allege that Ford told Reyes that Joy would get wheelchair access to her apartment. (Compl. ¶ 26.) However, when the walkways were reconstructed soon thereafter, plaintiffs claim that defendants failed to provide any wheelchair access for Joy. (Compl. ¶ 26.)

By letter on or about July 20, 2007, the Long Island Housing Services ("LIHS") sent Fairfield a reasonable accommodation specification, LIHS Nos. 07-016 and 07-133. (Compl. ¶ 17.) The following accommodations were requested by the LIHS: (1) accessible building entrance on an accessible route; (2) curb ramps or access aisles at the dwelling entrances; (3) designated accessible parking with appropriate signs; (4) widened bathroom doors to accommodate wheelchair access; and (5) elimination of level changes at the primary entry door to, inter alia, plaintiffs' apartment. (Compl. ¶ 18.) Plaintiffs assert, however, that until the time of their allegedly unlawful, discriminatory, and retaliatory eviction on November 6, 2008, Fairfield made no changes to the apartment and/or apartment complex to accommodate Joy's disability. (Compl. ¶¶ 17-22.)

LIHS further provided Fairfield with two "proposal of costs" from a vendor for the accommodation requests. (Compl. ¶ 23.) The cost estimate for removal of steps and replacement with ramps at the dwelling entrance and building entrance was $5,975.00, and the estimate for widening two door openings was $1,770.00. (Compl. ¶ 23.) Plaintiffs also allege that the NYDHR conducted two field visits to Fairfield, the second of which was performed in the company of Berger, Noble, and Ford. (Compl. ¶ 25.) According to the amended complaint, the defendants informed the NYDHR that they would install lighting on both sides of the building at the driveways and fix the potholes, but had not done so by the time of plaintiffs' eviction in November 2008. (Compl. ¶ 25.) Plaintiffs also allege that defendants had an opportunity to provide a ramp leading from Reyes' doorway into the courtyard when the courtyard was being renovated, but failed to install such a ramp. (Compl. ¶ 27.)

On August 6, 2007, plaintiffs filed a Charge of Discrimination with the NYDHR against defendant Fairfield, alleging failure to provide reasonable accommodation based on plaintiff Joy Reyes' disability and unlawful discriminatory practices in relation to housing because of the disability. (Compl. ¶ 5.) Plaintiffs cross-filed the complaint with the United States Department of Housing and Urban Development ("HUD"), Fair Housing Assistance Program. (Compl. ¶ 5.) On November 14, 2007, the NYDHR rendered a finding of "probable cause" to support the allegations in the Charge of Discrimination. (Compl. ¶ 6.)

Plaintiffs claim that in retaliation for the filing of the complaints of discrimination, Fairfield initiated eviction proceedings, falsely stating that Reyes was a holdover tenant. (Compl. ¶ 29.) On October 9, 2007, plaintiffs claim that Fairfield filed a Notice of Petition/Holdover against Reyes under Index No. 005410/2007 in First District Court of the County of Nassau, Hempstead, New York. (Compl. ¶ 31.) Plaintiffs further claim that at that time, Fairfield was aware that Reyes' lease period had not expired and a contract was in place for the period beginning July 1, 2007 and ending July 1, 2008, and Fairfield was in possession of plaintiffs' rental payment for the period sought in state court. (Compl. ¶¶ 32-33.)

B. Procedural History

Plaintiffs filed an original complaint in this action pro se on January 7, 2008. An amended complaint was filed on November 26, 2008, after plaintiffs retained counsel.

Defendants moved to dismiss the complaint on February 9, 2009. Plaintiffs filed their opposition papers on March 30, 2009, and defendants replied on April 20, 2009. This matter is fully submitted.

II. STANDARD OF REVIEW

In reviewing a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the court must accept the factual allegations set forth in the complaint as true and draw all reasonable inferences in favor of the plaintiff. See Cleveland v. Caplaw Enters., 448 F.3d 518, 521 (2d Cir.2006); Nechis v. Oxford Health Plans, Inc., 421 F.3d 96, 100 (2d Cir.2005). The plaintiff must satisfy "a flexible `plausibility standard.'" Iqbal v. Hasty, 490 F.3d 143, 157 (2d Cir.2007), rev'd on other...

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