Michael A. Doyle v. Mount Vernon Company d/b/a Constitution Apartments LLC

2021 DNH 159

• Court: District Court, D. New Hampshire
• Decided: October 6, 2021
• Docket: 21-cv-111-PB
• Status: Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Michael A. Doyle

v. Case No. 21-cv-111-PB Opinion No. 2021 DNH 159 Mount Vernon Company d/b/a Constitution Apartments LLC

ORDER

Michael Doyle has filed an amended complaint asserting a

claim under the Americans with Disabilities Act against “Mount

Vernon Company d/b/a Constitution Apartments LLC.” Doyle lives

at the Veridian Apartment Complex in Portsmouth. He claims that

Mount Vernon, as the owner of the complex, is violating the ADA

by failing to accommodate his disability. Mount Vernon Company

and Constitution Apartments LLC have filed motions to dismiss

(Doc. Nos. 16, 19). Defendants assert that the complaints must

be dismissed because: (1) Mount Vernon and Constitution

Apartments are distinct corporate entities; (2) Mount Vernon is

the property manager for the Veridian, and Constitution

Apartments is the owner; and (3) Mount Vernon does not do

business as Constitution Apartments.

I cannot dismiss the complaint for the reasons defendants

cite. Doyle alleges that Mount Vernon is the owner of the

Veridian, and I must accept that factual claim as true when ruling on the motions to dismiss. Doyle’s ADA claim, however,

appears to be defective for a related reason. Although Doyle

asserts in a conclusory fashion that the Veridian is a “place of

public accommodation,” he does not allege any facts to support

his contention. Privately owned apartment buildings are not

places of public accommodation, “even where the property accepts

tenants receiving federal housing subsidies.” El v. People’s

Emergency Ctr., 315 F. Supp. 3d 837, 844 (E.D. Pa. 2018);

see also Cook v. Doe, No. 21-CV-01720-JSC, 2021 WL 2444959, at *2

(N.D. Cal. 2021); Reid v. Zackenbaum, 2005 WL 1993394, at *4

(E.D.N.Y. 2004). Accordingly, I dismiss Doyle’s complaint

without prejudice because he has failed to allege a viable ADA

claim against Mount Vernon.

If Doyle elects to file a second amended complaint, he may

not assert a claim under the ADA unless he is able to plead

sufficient facts to support his claim that the Veridian is a

place of public accommodation. Doyle may not assert that Mount

Vernon Company is the owner of the Veridian in any amended

complaint unless he has a good faith basis for making this

contention, something that is unlikely given defendants’

assertions that the Veridian is owned by Constitution

Apartments. Any amended complaint must be filed within 14 days.

2 I take no position as to whether Doyle can assert a viable

claim against either Constitution Apartments or Mount Vernon for

a violation of the Fair Housing Act. Motions denied.

SO ORDERED.

/s/ Paul J. Barbadoro Paul J. Barbadoro United States District Judge

October 6, 2021

cc: Michael A. Doyle, pro se Kyle P. Griffin, Esq.