Tenant's Claims About Apartment Mold Don't Prove Discrimination

Tenant sued landlord NYCHA, claiming that landlord failed to properly remediate mold in tenant’s apartment and didn’t grant her requested apartment transfers. Four prior actions by tenant against landlord in state and federal courts had been dismissed. Although tenant properly invoked federal question jurisdiction, and although her complaint wasn’t barred by res judicata or the statute of limitations, the court dismissed the case for failing to state plausible claims under the Fourteenth Amendment’s Equal Protection Clause, the Americans with Disabilities Act, the Fair Housing Act, the Rehabilitation Act, or the NY State Human Rights Law. Tenant didn’t identify any basis on which she believed that landlord was discriminating against her. Tenant also didn’t claim any facts supporting claims that  landlord treated her the way it did because of her disability or handicap. 

Allen v. NYCHA: Index No. 15-cv-00173, NYLJ No. 1202750488446 (SDNY; 2/19/16; Carter, DJ)