Maziarz v. Housing Authority

281 F.R.D. 71, 81 Fed. R. Serv. 3d 1203, 2012 WL 638681, 2012 U.S. Dist. LEXIS 24791
CourtDistrict Court, D. Connecticut
DecidedFebruary 27, 2012
DocketCivil Action No. 3:10-CV-2029 (JCH)
StatusPublished
Cited by4 cases

This text of 281 F.R.D. 71 (Maziarz v. Housing Authority) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maziarz v. Housing Authority, 281 F.R.D. 71, 81 Fed. R. Serv. 3d 1203, 2012 WL 638681, 2012 U.S. Dist. LEXIS 24791 (D. Conn. 2012).

Opinion

[75]*75RULING RE: PLAINTIFF’S MOTION TO CERTIFY CLASS (DOC. NO. 23) AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 32)

JANET C. HALL, District Judge.

I. INTRODUCTION

Plaintiff, Robert Maziarz, brings this action against the Housing Authority of the Town of Vernon (hereafter “the VHA”), alleging that the VHA illegally discriminated against tenants in the senior-disabled housing, including Maziarz, in violation of the Fair Housing Act of 1968, as amended, 42 U.S.C. § 3501, et seq. (“FHA”), and the Americans with Disabilities Act, 42 U.S.C. § 12132 (“ADA”), by requiring them to execute a Personal Care Sponsor Agreement and Statement (hereafter “PCS form”) as a condition to accepting housing with the VHA.

Maziarz seeks to certify a class action under Rules 23(b)(2) and 23(b)(3). The VHA opposes Maziarz’s Motion for Class Certification, and instead seeks summary judgment. Maziarz opposes the VHA’s Motion for Summary Judgment.1 For the reasons set forth below, defendant’s Motion for Summary Judgment is denied, and plaintiff’s Motion for Class Certification is granted.

II. FACTUAL BACKGROUND

The VHA is a quasi-public agency that receives state and federal funds in order to operate and manage subsidized housing in Vernon, Connecticut. L.R. 56(a)(1) Stmt. ¶ 1; L.R. 56(a)(2) Stmt. ¶ 1. Robert Maziarz is a person with a disability. L.R. 56(a)(1) Stmt. ¶2; L.R. 56(a)(2) Stmt. ¶2. Consequently, Maziarz is eligible to be a tenant in the VHA’s senior and disabled housing. Id.

Maziarz applied to the VHA for housing, and on September 21, 2009, the VHA offered Maziarz public housing through a leasehold tenancy of a VHA apartment. See L.R. 56(a)(1) Stmt. ¶¶3^1; L.R. 56(a)(2) Stmt. ¶¶ 3-4. On September 25, 2009, the VHA’s Housing Coordinator sent Maziarz a copy of his lease agreement, and a blank copy of the PCS form. L.R. 56(a)(1) Stmt. ¶5; L.R. 56(a)(2) Stmt. ¶ 5.

The VHA asserts that the origin of the PCS form is not currently known. See L.R. 56(a)(1) Stmt. ¶ 12. The PCS form’s preamble states that, “Applicant upon acceptance for occupancy at the Vernon Housing Authority, (VHA) verified his/her personal health condition is favorable for self-maintenance and independent living.” See L.R. 56(a)(1) Stmt. ¶ 14; L.R. 56(a)(2) Stmt. ¶ 14; L.R. 56(a)(1) Stmt., Ex. D. By executing the PCS form, the tenant designates a “sponsor,” who accepts various responsibilities such as receiving information and taking action on behalf of the tenant should the tenant no longer be able. See L.R. 56(a)(1) Stmt. ¶¶ 7-10; L.R. 56(a)(2) Stmt. ¶¶ 7-10; L.R. 56(a)(1) Stmt., Ex. D.

The parties dispute whether the tenant is required to execute the PCS form as a condition of tenancy. See L.R. 56(a)(1) Stmt. ¶¶ 8, 30; L.R. 56(a)(2) Stmt. ¶ 8, 30. Additionally, the parties dispute whether the PCS form requires an applicant to certify his or her ability to live independently. L.R. 56(a)(1) Stmt. ¶ 13; L.R. 56(a)(2) Stmt. ¶ 13. It is undisputed that, on and before July 18, 2011, a tenant’s file was not considered complete until the PCS form had been executed and returned to the VHA. L.R. 56(a)(1) Stmt. ¶ 30; L.R. 56(a)(2) Stmt. ¶ 30.

On September 28, 2009, the parties executed a lease agreement for Maziarz’s tenancy, set to begin October 1, 2009. L.R. 56(a)(1) Stmt. ¶ 16; L.R. 56(a)(2) Stmt. ¶ 16. At that time, Maziarz presented a money order for his first month’s rent. L.R. 56(a)(1) Stmt. ¶ 17; L.R. 56(a)(2) Stmt. ¶ 17. Additionally, the VHA Housing Coordinator asked Maziarz to return his PCS form, which Maziarz did on or after September 29, 2009. L.R. 56(a)(1) Stmt. ¶¶ 18-19; L.R. 56(a)(2) Stmt. ¶¶ 18-19. Maziarz provided contact information for his brother on the PCS form. L.R. [76]*7656(a)(1) Stmt. ¶ 22; L.R. 56(a)(2) Stmt. ¶ 22. The parties dispute whether Maziarz ever expressed to anyone at the VHA that he was uncomfortable executing the PCS form. See L.R. 56(a)(1) Stmt. ¶ 29; L.R. 56(a)(2) Stmt. ¶ 29.

In addition, Maziarz also completed and returned the Supplement to Application for Federally Assisted Housing form (hereafter “HUD form 92006”) on or after September 30, 2009, providing contact information for his brother and mother. See L.R. 56(a)(1) Stmt. ¶¶ 20-23; L.R. 56(a)(2) Stmt. ¶¶ 20-23. The VHA is required by law to provide all tenants with the HUD form 92006, and all tenants must either execute the form by providing contact information for a person or organization that may be able to assist the tenant with any issues that arise, or elect, by checking the appropriate box, not to provide such information. See L.R. 56(a)(1) Stmt. ¶¶ 25-28; L.R. 56(a)(2) Stmt. ¶¶ 25-28.

The VHA asserts that, as of July 2011, it stopped publishing or distributing the PCS form, and instead only uses the HUD form 92006. See L.R. 56(a)(1) Stmt. ¶¶ 35-36. Additionally, the VHA contends that it has modified its recertification letter, Applicant Checklist, Annual Certification Checklist, and Annual Recertification Checklist, to remove the word “sponsor,” and modified its standard lease form to eliminate any reference to the PCS form. See L.R. 56(a)(1) Stmt. ¶¶ 34, 37; L.R. 56(a)(1) Stmt., Ex. F, G, I.

III. MOTION FOR SUMMARY JUDGMENT

A. Standard of Review

A motion for summary judgment “may properly be granted ... only where there is no genuine issue of material fact to be tried, and the facts as to which there is no such issue warrant judgment for the moving party as a matter of law.” In re Dana Corp., 574 F.3d 129, 151 (2d Cir.2009). Thus, the role of a district court in considering such a motion “is not to resolve disputed questions of fact but only to determine whether, as to any material issue, a genuine factual dispute exists.” Id. In making this determination, the trial court must resolve all ambiguities and draw all inferences in favor of the party against whom summary judgment is sought. See Loeffler v. Staten Island Univ. Hosp. 582 F.3d 268, 274 (2d Cir.2009).

“[T]he moving party bears the burden of showing that he or she is entitled to summary judgment.” United Transp. Union v. Nat’l R.R. Passenger Corp., 588 F.3d 805, 809 (2d Cir.2009). Once the moving party has satisfied that burden, in order to defeat the motion, “the party opposing summary judgment ... must set forth ‘specific facts’ demonstrating that there is ‘a genuine issue for trial.’ ” Wright v. Goord, 554 F.3d 255, 266 (2d Cir.2009) (quoting Fed.R.Civ.P. 56(e)). “A dispute about a ‘genuine issue’ exists for summary judgment purposes where the evidence is such that a reasonable jury could decide in the non-movant’s favor.” Beyer v. County of Nassau, 524 F.3d 160, 163 (2d Cir.2008) (quoting Guilbert v. Gardner, 480 F.3d 140, 145 (2d Cir.2007)); see also Havey v. Homebound Mortg., Inc., 547 F.3d 158, 163 (2d Cir.2008) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242

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281 F.R.D. 71, 81 Fed. R. Serv. 3d 1203, 2012 WL 638681, 2012 U.S. Dist. LEXIS 24791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maziarz-v-housing-authority-ctd-2012.