Avila v. Acacia Network Inc.

CourtDistrict Court, S.D. New York
DecidedFebruary 22, 2023
Docket1:22-cv-07657
StatusUnknown

This text of Avila v. Acacia Network Inc. (Avila v. Acacia Network Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Avila v. Acacia Network Inc., (S.D.N.Y. 2023).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JIMMY AVILA, Plaintiff, -against- 22-CV-7657 (LTS) ACACIA NETWORK, INC.; LORRAINE ORDER TO AMEND COLEMAN; BRONX ADDICTION SERVICES INTEGRATED CONCEPTS SYSTEM, INC., a/k/a (BASICS), Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, brings this action under the Americans with Disabilities Act of 1990 (“ADA”) and “the Fair Housing Act of 1978” (“FHA”), alleging that “Defendants have deliberately disregarded known or serious known risks of harm to Plaintiff, and their actions and failures to act cause[d] harm or serious risks of harm to Plaintiff, including unnecessary homelessness, physical, medical, and psychological harm.” (ECF No. 2 at 1.) By order dated October 25, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. For the reasons set forth below, the Court grants Plaintiff leave to file an amended complaint within 60 days of the date of this order. STANDARD OF REVIEW The Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also dismiss a complaint when the Court lacks subject matter jurisdiction of the claims raised. See Fed. R. Civ. P. 12(h)(3). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in

original). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits – to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. Rule 8 requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of

action,” which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible – not merely possible – that the pleader is entitled to relief. Id. BACKGROUND Plaintiff Jimmy Avila, who resides at 1212 Grant Avenue, Apt. 1C, Bronx, New York, brings this action against Acacia Network, Inc., Lorraine Coleman, and Bronx Addiction Services Integrated Concepts System, Inc. (“BASICS”), alleging that Defendants are violating his rights as a qualified individual with disabilities by discriminating against him in housing. Plaintiff, using a letter provided by Dr. Martynowicz, requested that Defendants transfer Plaintiff from BASICS to a one-bedroom apartment at an alternate site. 1 He asserts that Defendants have refused and continue to refuse to accommodate his medical needs by failing to comply with the recommendation. Plaintiff further asserts that the landlord no longer wants

Plaintiff in the apartment, and that he no longer wants to live there, but Defendants are “willfully neglecting to move Plaintiff to a different apartment despite having the duty and resources to do so.” (ECF No. 2 at 4.) Plaintiff brings this action seeking declaratory relief, injunctive relief, and monetary damages in the amount of $500,000.00. A review of the Public Access to Court Electronic Records (PACER) system shows that Plaintiff has previously filed three lawsuits against some of the same defendants named in this action about discrimination in housing, but the prior cases do not shed any light on Plaintiff’s current allegations.2

1 Plaintiff does not assert the nature of his disabilities, but he attaches to his complaint a letter from Ted Martynowicz, DO, of Sun River Health, dated March 22, 2022, indicating that Plaintiff has “a chronic infection and likely osteomyelitis of the maxillary (upper dental) bone and will require bed rest for the next 7 days as part of his treatment.” (ECF No. 2 at 17.) Dr. Martynowicz’s letter also states that Plaintiff “will also require a safety transfer from BASIC to a ONE BEDROOM apartment at an alternate scatter sight [sic].” (Id.) 2 On April 22, 2015, Plaintiff, who, at the time, was residing at 880 Tinton Ave., Apt. 1N, Bronx, New York, filed an action against Janice Glenn Slaughter and OH 161st Street L.P., alleging that defendants discriminated against him on the basis of his disability, in violation of the FHA. See Avila v. Slaughter, ECF 1:15-CV-3188, 20 (S.D.N.Y. July 28, 2015). That action was voluntarily dismissed without prejudice. Id. On November 15, 2017, Plaintiff, who, at that time, was residing at his current address, filed an action against BASICS, Inc., Lorraine Coleman, Aja Douglas, 1212 Grant Realty LLC, and Jacob Finkelstein, alleging that they violated his rights under the FHA, in retaliation for Plaintiff winning judgments, in the Civil Court of the City of New York, against 1212 Grant Realty LLC and Jacob Finkelstein. See Avila v. Basics, Inc., ECF 1:17-CV-8916, 6 (S.D.N.Y. Nov. 20, 2017). By Memorandum Opinion and Order dated November 20, 2017, the Honorable Jesse M. Furman, of this court, denied Plaintiff’s request for injunctive relief and dismissed that complaint for failure to state a plausible claim for relief under the FHA. Id. Judge Furman DISCUSSION A. The Fair Housing Act The Fair Housing Act (“FHA”) “broadly prohibits discrimination in housing.” Gladstone Realtors v. Vill. of Bellwood, 441 U.S. 91, 93 (1979). Specifically, it prohibits discrimination “against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex,

familial status, . . . national origin,” or disability. 42 U.S.C. § 3604(b), (f). Section 3604 makes it unlawful to “discriminate in the . . . rental [of], or to otherwise make unavailable or deny, a dwelling to any . . . renter because of” the individual’s disability. 42 U.S.C.

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Avila v. Acacia Network Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/avila-v-acacia-network-inc-nysd-2023.