Rodriguez v. Vill. Green Realty, Inc.
Decision Date | 02 June 2015 |
Docket Number | No. 13–4792–CV.,13–4792–CV. |
Parties | Heidi RODRIGUEZ, individually and as parent and natural guardian of the minor child, A.R., and Juan Rodriguez, individually and as parent and natural guardian of the minor child, A.R., Plaintiffs–Appellants, v. VILLAGE GREEN REALTY, INC., d/b/a Coldwell Banker Village Green Realty, and Blanca Aponte, Defendants–Appellees. |
Court | U.S. Court of Appeals — Second Circuit |
Sasha M. Samberg–Champion (Michael G. Allen and Timothy M. Smyth, on the brief), Relman, Dane & Colfax PLLC, Washington, DC, for Plaintiffs–Appellants.
Ari I. Bauer (Paul S. Ernenwein, on the brief), Catania, Mahon, Milligram & Rider, PLLC, Newburgh, N.Y., for Defendants–Appellees.
Cathy A. Simon and Thomas H. Prouty, Troutman Sanders LLP, Washington, DC; Megan K. Whyte de Vasquez, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Washington, DC, for the Epilepsy Foundation, Autism National Committee, the State of Connecticut Office of Protection and Advocacy for Persons with Disabilities, National Council on Independent Living, Judge David L. Bazelon Center for Mental Health Law, the Disability Rights Education & Defense Fund, National Disability Rights Network, and AARP as amici curiae in support of Plaintiffs–Appellants.
Before: LIVINGSTON and DRONEY, Circuit Judges, and NATHAN, District Judge.**
Plaintiffs–Appellants Heidi and Juan Rodriguez, parents of minor child A.R., brought suit for disability discrimination under the Fair Housing Act, 42 U.S.C. § 3601 et seq. (“FHA”), against Defendants–Appellees Village Green Realty, Inc., a real estate agency, and Blanca Aponte, its agent. The plaintiffs allege, inter alia, that the defendants (1) made housing unavailable on the basis of disability in violation of 42 U.S.C. § 3604(f)(1) ; (2) provided different terms, conditions, and privileges of rental housing on the basis of disability in violation of 42 U.S.C. § 3604(f)(2) ; (3) expressed a preference on the basis of disability in violation of 42 U.S.C. § 3604(c) ; and (4) misrepresented the availability of rental housing on the basis of disability in violation of 42 U.S.C. § 3604(d). The United States District Court for the Northern District of New York (McAvoy, J. ) granted summary judgment for the defendants on these claims. This appeal followed.
We hold that the district court erred because there was sufficient evidence presented that A.R. qualifies as disabled under the FHA. We also hold that the FHA's prohibition against statements that “indicate[ ] any preference, limitation, or discrimination based on ... handicap,” 42 U.S.C. § 3604(c), may be violated even if the subject of those statements does not qualify as disabled under the FHA. Finally, we hold that the “ordinary listener” standard is not applicable to claims under 42 U.S.C. § 3604(d) for misrepresenting the availability of housing. Accordingly, we VACATE the judgment of the district court and REMAND.
Plaintiffs Heidi and Juan Rodriguez are the parents of minor child A.R.1 who has Autism
Spectrum Disorder and epilepsy. This suit under the Fair Housing Act arose from text messages about A.R. sent to Heidi Rodriguez by defendant Blanca Aponte, a real estate agent.
The Rodriguez family had rented a single family home on a month-to-month basis for two years on property located in Saugerties, New York. The property was owned by Donnie Morelli and included two single family homes and twenty-eight acres. Some time in 2010, the property was listed for sale with defendant real estate agency Village Green Realty, Inc. Defendant Aponte served as the listing agent.
On January 20, 2011, Aponte left a letter at the Rodriguez home informing them of Morelli's intention to sell the property to Mansour Farhandian. The letter stated that Farhandian would be willing to continue to rent to the Rodriguez family, but under certain modified terms, including an increased rent, and asked the Rodriguezes to inform Aponte whether they agreed to the new terms. If not, the letter stated, they would have to vacate the premises by March 15, 2011. The Rodriguezes did not immediately inform Aponte as to whether they accepted the new terms.
On January 23, 2011, Morelli entered into a purchase agreement with Farhandian; the agreement anticipated a closing in early March. In order to facilitate the anticipated sale, Aponte continued to try to contact the Rodriguezes to determine whether they intended to accept the new lease terms. She texted Ms. Rodriguez on January 25 and February 4 inquiring about a response to the letter, but Ms. Rodriguez did not respond.
On February 6, 2011, A.R. suffered two grand mal seizures.2 Ms. Rodriguez called Morelli from the hospital to inform him about the seizures and tell him that it was “not the time” for her and Mr. Rodriguez to be negotiating with Aponte. J.A. 146. The next day, Aponte texted Ms. Rodriguez:3 J.A. 230, to which Ms. Rodriguez replied: “Please call Donnie [Morelli] for an update.” Id. Aponte wrote back: “Will do.” Id.4
A few days later, on February 16, Ms. Rodriguez sent a text message to Aponte stating that she needed to reschedule the inspection because A.R. had suffered the second seizure and needed to return to the hospital for testing. J.A. 232. This led to the following exchange:
On February 23, Aponte reiterated that the new owner was concerned about renting to the Rodriguezes because of Ms. Rodriguez's statement that the home was not “readily accessible to emergency vehicles,” which Aponte stated was a “major concern as to liability.” J.A. 234–35. She further stated, J.A. 235.
In addition to learning of A.R.'s medical problems from the text messages from Ms. Rodriguez, Aponte obtained information around the same time about A.R. from the Rodriguezes' neighbor, Tammy Drost. Drost, who lived in the second house on the property that was being sold, was a special education aide at A.R.'s elementary school, and A.R.'s “personal assistant” at the school. Drost had frequent contact with Aponte and told Aponte that A.R. was autistic, may be epileptic and was placed in a special class at school. Ms. Rodriguez testified at her deposition that she believed that Morelli, who was also aware of A.R.'s diagnoses, seizures, and special educational services, had also told Aponte this information.
Although the sale between Morelli and Farhandian was not completed, Plaintiffs began looking for new housing in late January or early February of 2011, when it became “very apparent that [they] were not wanted,” and they moved to another home in September of that year. J.A. 196. In...
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...are abhorred and normally, procedural deficiencies are secondary to decisions on the merits. See Rodriguez v. Village Green Realty, Inc., 788 F.3d 31, 47 (2d Cir. 2015) (citing Cargill, Inc. v. Sears Petroleum & Transp. Corp., 334 F. Supp. 2d 197, 247 (N.D.N.Y. 2004) ("Because of the prefer......