Lowman v. Platinum Property Management Services, Inc.

166 F. Supp. 3d 1356, 2016 U.S. Dist. LEXIS 63049, 2016 WL 1746926
CourtDistrict Court, N.D. Georgia
DecidedFebruary 23, 2016
Docket1:15-CV-02116-ELR
StatusPublished
Cited by5 cases

This text of 166 F. Supp. 3d 1356 (Lowman v. Platinum Property Management Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lowman v. Platinum Property Management Services, Inc., 166 F. Supp. 3d 1356, 2016 U.S. Dist. LEXIS 63049, 2016 WL 1746926 (N.D. Ga. 2016).

Opinion

ORDER

ELEANOR L. ROSS, UNITED STATES DISTRICT JUDGE

This matter comes before the Court on Defendant’s Motion to Dismiss. (Doc. No. 7.) For the reasons stated herein, the Court denies Defendant’s motion.

[1358]*1358I. BACKGROUND1

This case centers on Plaintiffs allegations that Defendant denied his rental application based on his race. Plaintiff additionally contends that Defendant subjected him to different qualification standards because of his race.

A. Plaintiffs Objection to Defendant’s Attached Exhibit

Before delving into the factual allegations contained in the Complaint, the Court must address whether it may consider an attachment to the Motion to Dismiss. While the Court is ordinarily constrained to the allegations contained in a Complaint, a document attached to a Motion to Dismiss may be considered if the attached document is (1) central to the plaintiffs claim and (2) undisputed.2 Horsley v. Feldt, 304 F.3d 1125, 1134 (11th Cir.2002). Plaintiff has attached a string of e-mail correspondences between himself and Defendant to his Complaint, which specifically addresses any acceptance/denial of Plaintiffs application. Defendant contends that Plaintiff neglected to include a full and complete copy of the e-mail chain, and so Defendant attached a copy of the e-mail chain to its Motion to Dismiss. Plaintiff, despite attaching his own version of the document and citing directly to it in the Complaint, challenges Defendant’s attachment, arguing that it is “legally irrelevant and not central to [Plaintiffs claims.]” (Doc. No. 10.) Plaintiff does not appear to challenge the authenticity of the document.

Upon review, Plaintiff regularly quotes from the e-mail chain in his Complaint, which thoroughly details any acceptances or denials of Plaintiffs application, as well as the qualification requirements imposed upon him. Therefore, the Court finds that they form a central basis for Plaintiffs claims that he was unlawfully discriminated against in the rental application criteria and his subsequent denial(s). Accordingly, the Court may consider Defendant’s attachment.

B. Factual Background

In early February 2015, Plaintiff, an African American male, was shopping for a rental property in Decatur, Georgia. On February 3, 2015, Plaintiff contacted an operations manager employed by Defendant, Ms. Lisa Ragsdale, to view a property located at 1208-4 Scott Blvd., Unit '4, Decatur, Georgia 30030 (“the Property”). The rental payment for the Property equaled $900.00 per month. After Plaintiff expressed an interest in renting the Property, Ms. Ragsdale informed him that he must fill out an application and submit two paystubs, a bank statement, or the summary page of his tax return. Plaintiff submitted the application and attached a bank statement showing “significant liquid assets.” (Comply 16, Doc. No. 1.) He also attached a copy of his' driver’s license.

Defendant’s Assistant Property Manager, Tiffany Mowbray, contacted Plaintiff after he submitted his application and requested further documentation, including two recent paystubs or the previous year’s tax return. (Doc. No. 7-2 at 8.) Plaintiff submitted both. {Id. at 7-8.) Ms. Rags-dale then called Plaintiff and told him that she would let him know if her boss needed any additional information. Shortly thereafter, Ms. Ragsdale requested more documentation from Plaintiff, specifically his full tax return.3 (Id. at 7.) Plaintiff re[1359]*1359sponded that he had provided all the information required by the application, and requested an approval or denial as well as the reasons for any such decision. (Id.) Ms. Ragsdale replied that Plaintiffs application was denied because (1) they did not have a clear copy of his driver’s license and (2) they were unable to verify his income without a complete tax return. (Id. at 6.)

Even so, Plaintiff continued to communicate with Ms. Ragsdale, stating that he could provide the driver’s license and complete tax return, but simply requested an explanation as to why he needed to provide additional information when he was originally told that would not be necessary. (Id.) Plaintiff also inquired as to whether all applicants were required to provide two paystubs, a bank account, a summary of a tax return, and a complete tax return. Ms. Ragsdale responded “at times it is needed.” (Id. at 5.) Plaintiff responded that “the law states that the process is to be the same for everyone. Please explain in what times are they needed.” (Id.) If Plaintiff was unwilling to provide the additional information, Ms. Ragsdale replied, they would close out his application. (Id. at 4.) Plaintiff, believing that the denial was based upon his race, informed Ms. Ragsdale that he would take the necessary steps to protect his rights. (Id.)

Very shortly thereafter, Mr. Earley contacted Plaintiff to address why numerous documents were requested. Plaintiff ultimately sent the full tax return. After sending the tax return, Plaintiff again emailed Mr. Earley and said “You have all of your requested items. What is your decision?” (Id. at 2.) Mr. Earley responded “You are approved.” (Id.) However, Plaintiff maintains that due to the discriminatory conduct, he was unable to rent the Property and was required to rent with another landlord for a higher rate.

Plaintiff filed his Complaint on June 12, 2015, asserting three claims: (1) for violation of the Federal Fair Housing Act (“Federal FHA”), 42 U.S.C. § 3601, et seq.; (2) violation of 42 U.S.C. § 1982; and (3) violation of the Georgia Fair Housing Act (“Georgia FHA”), O.C.G.A. § 8-3-200 et seq. Plaintiff additionally requests attorneys’ fees pursuant to O.C.G.A. § 13 — 6— 11. Defendant moved to dismiss. '

II. LEGAL STANDARD

When considering a 12(b)(6) motion to dismiss, the Court must accept as true the allegations set forth in the complaint drawing all reasonable inferences in the light most favorable to the plaintiff. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); U.S. v. Stricker, 524 Fed.Appx. 500, 505 (11th Cir.2013) (per curiam). Even so, a complaint offering mere “labels and conclusions” or “a formulaic recitation of the elements of a cause of action” is insufficient. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955); accord Fin. Sec. Assurance, Inc. v. Stephens, Inc., 500 F.3d 1276, 1282-83 (11th Cir.2007).

Further, the complaint must “contain sufficient factual matter, accepted as true, ‘to ‘ state a claim to relief that is plausible on its face.’ ”

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Bluebook (online)
166 F. Supp. 3d 1356, 2016 U.S. Dist. LEXIS 63049, 2016 WL 1746926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowman-v-platinum-property-management-services-inc-gand-2016.