Fair Housing Council v. Boyertown Area Times

945 F. Supp. 826, 1996 WL 668516
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 14, 1996
DocketNo. 96-CV-1375
StatusPublished

This text of 945 F. Supp. 826 (Fair Housing Council v. Boyertown Area Times) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fair Housing Council v. Boyertown Area Times, 945 F. Supp. 826, 1996 WL 668516 (E.D. Pa. 1996).

Opinion

MEMORANDUM AND ORDER

JOYNER, District Judge.

INTRODUCTION

In this federal question action, plaintiff Fair Housing Council of Suburban Philadelphia, (the “Fair Housing Council”), an organization committed to the promotion of the equal availability of housing, has asserted a claim against various defendants, including Herb and Doaty Realtors, (“Herb and Doaty”), and Greg Herb, owner of Herb and Doaty. Plaintiff alleges that Herb and Doaty and Greg Herb violated the Fair Housing Act of 1968, (“Fair Housing Act”) as codified at 42 U.S.C. § 3601 et seq., by placing an advertisement that was allegedly discriminatory to families with children in the Boyer-town Area Times newspaper. Plaintiff also claims that defendants’ actions violated the Pennsylvania Human Relations Act, as codified at 43 Pa.Stat.Ann. § 955 et seq.

Defendants Herb and Doaty and Greg Herb have jointly filed a motion to dismiss for failure to state a claim upon which relief may be granted, pursuant to Fed.R.Civ.P. 12(b)(6). Defendants allege that the Fair Housing Council does not have standing to litigate this matter under the Fair Housing Act.

We hold that the Fair Housing Council has standing to assert claims against defendants for injuries to itself, but does not have standing to assert claims on behalf of its members. Accordingly, defendants’ motion to dismiss is granted in part and denied in part.

BACKGROUND

From September 1993 to at least March 1994, several of the other defendants in this case published real estate advertisements that were allegedly discriminatory. One such advertisement was submitted by Defen[828]*828dants Herb and Doaty and Greg Herb for the sale of a home. The advertisement included the phrase “ideal summer lay-over for retiree’s [sic] back from Florida.” Plaintiff alleges that Defendants Herb and Doaty and Greg Herb have a policy of discouraging or denying housing to families with children. Plaintiff also claims that it was injured by these acts as an organization, both because defendants’ actions have caused harm to the organization’s members, and also because the organization has had to counteract defendants’ allegedly discriminatory message, thereby incurring a resultant drain on its resources.

Defendants Herb and Doaty and Greg Herb claim that plaintiff lacks standing to litigate these claims under the Fair Housing Act. Defendants also claim that the advertisement was not discriminatory, that it did not result in discrimination, and that plaintiff has not alleged that anyone responded to the advertisement. Finally, defendants argue that the advertisement is no longer in the newspaper and therefore, the issue is moot. DISCUSSION

When considering a motion to dismiss pursuant to Rule 12(b)(6), the complaint’s allegations must be construed in the light most favorable to the plaintiff. The court must accept as true all of the plaintiffs factual allegations and draw all reasonable inferences from them. Schrob v. Catterson, 948 F.2d 1402, 1405 (3d Cir.1991). Thus, the court will grant a Rule 12(b)(6) motion only if the facts and reasonable inferences therefrom are legally insufficient and it is clear that the plaintiff cannot prove any facts upon which relief could be granted. Commonwealth ex rel. Zimmerman v. PepsiCo, Inc., 836 F.2d 173, 175 (3d Cir.1988). The court will apply this standard below.

The Fair Housing Act prohibits housing discrimination. 42 U.S.C. §§ 3601 et seq. (West 1994 & Supp.1996). Section 3604 governs discrimination in the sale or rental of housing. Section 3604(c) makes it illegal to “make, print, publish, or cause to be made, printed or published any notice, statement, or advertisement that indicates a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.” 42 U.S.C. § 3604(e).

The Supreme Court has held that an organization dedicated to the promotion of fair housing has standing to litigate fair housing claims if it alleges that defendants’ discriminatory acts caused a drain on the plaintiff organization’s resources when the plaintiff had to counteract defendants’ discriminatory actions. Havens Realty Corp. v. Coleman, 455 U.S. 363, 379, 102 S.Ct. 1114, 1124-1125, 71 L.Ed.2d 214 (1982). See also Gaskin v. Commonwealth of Pennsylvania, 1995 WL 154801, *1 (E.D.Pa.1995); Kessler Institute for Rehabilitation Inc. v. Mayor and Council of Borough of Essex Fells, 876 F.Supp. 641, 656 (D.N.J.1995); Raver v. Capitol Area Transit, 887 F.Supp. 96, 98 (M.D.Pa.1995). The Supreme Court noted that even though the organization would obviously have to prove at trial that it was impaired in its attempt to promote the availability of open housing, the district court erred when it dismissed the case for lack of standing and held that a drain on the organization’s resources was an insufficient injury with which to find standing. Havens, 455 U.S. at 379-380 & n. 21, 102 S.Ct. at 1124-1125 & n. 21. According to the Supreme Court, the organization had standing in its own right to assert claims for injury to itself.

The Supreme Court in Havens did not decide whether the organization had standing to assert the claims of its members since the organization chose not to raise that issue oh appeal. Id. at 378, 102 S.Ct. at 1124. Nevertheless, we note that in order for an organization to assert the claims of its members, the organization must show that (a) its members would have had standing if they had asserted the claims on their own, (b) the interest of the organization is related to the goals sought in the litigation, and (c) the claims asserted do not require the individual participation of the organization’s members. Newark Branch, N.A.A.C.P. v. Harrison, 907 F.2d 1408, 1413 (3d. Cir.1990). To meet the first requirement above, the organization must show that the individual member personally suffered injury, that the injury is fairly traceable to the defendant’s [829]*829conduct, and that a favorable decision will redress the harm. Nat’l Resources Defense Council v. Texaco Refining & Marketing Inc., 2 F.3d 493; 504 (3d. Cir.1993).

The Fair Housing Council clearly has standing under Havens to assert claims for injury to itself. Nevertheless, the Fair Housing Council has not fulfilled its burden of showing that it has standing to assert claims on behalf of its members. For example, it has not alleged that any of its members would have had standing to assert claims against defendants on their own. The Fair Housing Council has not even alleged in its complaint that any of its individual members have been injured by defendants’ conduct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Havens Realty Corp. v. Coleman
455 U.S. 363 (Supreme Court, 1982)
Commonwealth of Pennsylvania v. Pepsico, Inc.
836 F.2d 173 (Third Circuit, 1988)
Raver v. Capitol Area Transit
887 F. Supp. 96 (M.D. Pennsylvania, 1995)
Schrob v. Catterson
948 F.2d 1402 (Third Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
945 F. Supp. 826, 1996 WL 668516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-housing-council-v-boyertown-area-times-paed-1996.