Hirsch v. City of N.Y.

300 F. Supp. 3d 501
District Court, S.D. Illinois·Decided January 10, 2018·No. 17 Civ. 965 (ER)·Published·Cited by 6 cases

Opinion

Edgardo Ramos, U.S.D.J.

Plaintiff Harold Hirsch brings this action against the City of New York, the City of New York Department of Buildings (the "DOB"), and the New York City Department of Environmental Protection (the "DEP"), (collectively, the "City" or "Defendants"), pursuant to 42 U.S.C. § 1983, 18 U.S.C. § 241, and the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 ("RICO"). Plaintiff alleges violations of his federal constitutional rights under Section 1983 as a result of the City's alleged failure to follow regulations that protect citizens from having their rent-stabilized apartments destroyed and their failure to intervene to prevent private citizens from so harming Plaintiff. Plaintiff further alleges a conspiracy to violate his constitutional rights pursuant to 18 U.S.C. § 241, and violations of RICO because the municipal employees allegedly acted in their official capacity when engaging in a scheme to defraud citizens. Doc. 1 at 1, Doc. 18. Pending before the Court is Defendants' motion to dismiss. Docs. 14. For the reasons set forth herein, Defendants' motion is GRANTED.

I. Factual Background1

Plaintiff, Harold Hirsch, a disabled man, is a tenant of 666 West End Avenue, *506New York, New York (the "Subject Premises"). Doc. 1 ¶¶ 5, 17. Plaintiff has lived in a rent-stabilized apartment in the Subject Premises since 1983. Id. ¶ 16. Plaintiff alleges that from 2010 to 2016 the City was complicit in a scheme of the building's owners to conduct widespread construction on the Subject Premises in order to force out rent-stabilized tenants, create market-rate apartments in their place, and generate increased profits for the owner and the City alike. Id. at ¶¶ 15, 19-21. Plaintiff alleges that the City was complicit because it improperly approved and renewed applications for work permits for the Subject Premises that falsely represented that the building was vacant and contained no rent-stabilized apartments. Id. ¶¶ 18, 23. According to Plaintiff, the City's issuance of full work permits and failure to confirm whether the representations contained in them were true constitutes a violation of law. Moreover, Plaintiff asserts that, while the owners only renovated the market-rate apartments in the building, the owners intentionally and negligently caused 300 rent-stabilized tenants in 178 units to be displaced, injured, or poisoned, and attempted to physically force out rent-stabilized tenants in order to convert those apartments to market-rate ones.2 Id. ¶¶ 20-21.

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Hirsch v. City of N.Y., 300 F. Supp. 3d 501 (S.D. Ill. 2018).

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