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Partner David Metzger Prevails on Federal Motion to Dismiss Complaint Against Building Owner

Posted: December 17, 2020

Partner David Metzger successfully moved pursuant to Rule 12(b)(6) to dismiss the federal claims (Section 1983 and Fair Housing Act) brought against our clients in a matter before the United States District Court, Eastern District of New York. Our clients are owners of an apartment building who performed major building renovations with the intention of then leasing it to an organization that provides housing to primarily homeless veterans. The suit was commenced by existing tenants who refused to vacate during the renovation and alleged damages due to their alleged exposure to conditions during the renovation. The court agreed that the plaintiffs had not adequately pled discriminatory animus for the FHA claim and that there was an insufficiently pled joint action with the municipal co-defendant for the Section 1983 claim. The court declined to exercise supplemental jurisdiction over the remaining state claims.