Fair Housing Act: Petrillo v. Schultz Properties Inc. et al

U.S. District Court, WDNY

Fair Housing Act

Disability

Petrillo v. Schultz Properties Inc. et al
11-cv-6483T
Judge Telesca

Background: The plaintiff brought an action against the defendants claiming that the defendants had discriminated against her with respect to her rental of a townhome from them. Specifically, the plaintiff, who alleges she is disabled as a result of cancer, claimed that the defendants declined to renew her yearly lease, substantially increased her rent, and attempted to evict her all in retaliation for her being disabled and for her complaints to several advocacy and governmental agencies. The plaintiff requested a temporary restraining order to prevent her eviction. She then moved for a preliminary injunction.

Ruling: The District Court denied the plaintiff’s request for a preliminary injunction. The court found that assuming the plaintiff can establish irreparable harm, the plaintiff had failed to demonstrate that she will likely succeed on the merits. Specifically, the court found that the plaintiff could not demonstrate that she was disabled as the term is defined in the Fair Housing Act. In addition, the defendants have provided non-discriminatory reasons for declining to renew her lease.

Anjan Kumar Ganguly for the plaintiff; Brian Marc Feldman and Erika N.D. Stanat of Harter, Secrest & Emery LLP and Sammy Feldman of Silver & Feldman for the defendants