OPINION AND ORDER
Plaintiff Thomas Logan (“Logan”), proceeding pro se, brings this Action against Defendants Irina Matveevskii (“Mat-veevskii”), Jeff Zuckerman (“Zucker-man”), Mark Kamensky (“Kamensky”), Tuckahoe Housing Authority (“THA”), Adolfo Carrión (“Carrión”), and Mirza Or-riols (“Orriols”).
I. BACKGROUND
A. Factual Background
Plaintiff is a resident of 31 Midland Place in Tuckahoe, New York, where he has lived for “[approximately 27 to 30 years.” (Thomas Logan Dep. Tr. 8, Apr. 22, 2013 (“Logan Dep. Tr.”); see also THA Defs.’ Statement of Material Facts Pursuant to Local R. 56.1 (“THA Defs.’ Rule 56.1 Statement”) ¶ 1 (“Plaintiff ... has been a resident of 31 Midland Place ... for approximately twenty-seven to thirty years.”).) Plaintiff lives in a third-floor apartment at 31 Midland Place with his mother, Anne Gunther, and his brother, John Gunther. (THA Defs.’ Rule 56.1 Statement ¶¶ 1-2.) 31 Midland Place is one. of “nine residential buildings containing approximately 149 units” that THA “owns and operates” as “federal subsidized housing for the Tuckahoe community.” (THA Defs.’ Rule 56.1 Statement ¶ 3; see also Logan Dep. Tr. 18 (“Q: And you’re familiar with Tuckahoe Housing Authority? A: Yes. Q: And can you explain what it is? A: It’s a low to middle income housing development, HUD.”).) Mat-veevskii is THA’s Executive Director, which position she assumed on January 1, 2008, while Zuckerman is Chairman of the THA Board of Commissioners. (See THA Defs.’ Rule 56.1 Statement ¶¶4-6.) Ka-mensky is THA’s General Counsel, and Adalgisa Jones (“Jones”), not named as a defendant in this Action, is a THA Office Assistant. (See id. ¶¶ 7-8,10.)
Plaintiff claims that he has been diagnosed with multiple disabilities, the first of which relates to a heart condition for which he underwent quadruple’bypass surgery. (Logan Dep. Tr. 17.) At some point, he also “fell down a flight of stairs,” which accident required him to undergo a knee-replacement operation. (Id.) “The combination of [these] two things left [Plaintiff] very disabled.” (Id.) For the purposes of their Motions, Defendants do not dispute that Plaintiff is currently disabled, nor do they dispute that Plaintiff was disabled at all times relevant to the instant Action.
In his deposition, Plaintiff stated that at some point, in order to accommodate his disabilities, he “requested] a lower floor apartment” in correspondence with Eric De Esso (“De Esso”), who preceded Mat-veevskii as THA Executive Director. (Id. at 20.) Plaintiff included this correspondence in his Amended Complaint. In a March 27, 1996 letter to Plaintiff, De Esso wrote that, “[i]n review of [Plaintiff’s] file and current family composition, [Plaintiffs] family require[d] a one bedroom apartment unit,” but at the time that the' letter was written, Plaintiffs family “occupied] a two bedroom apartment unit.” (Pl.’s Ex. 7, at 5.)
Plaintiff appears to have responded on the same day, in a letter in which he referenced the fall that led to his knee injury, and the existence of a civil suit against THA based on that fall. (Id. at 6.) Plaintiff then wrote the following:
Under the tenants’ right guide, Landlord are required to provide reasonable accommodation for tenants with a disabilities so they may enjoy equal access to and use of housing accommodations. Under the disability Act of 1987; 24 C.F.R. (Code of Federal Regulations), part 8 relating to public housing authority responsibility to make facilities handicapped accessible. I am putting your office on notices at THA.
Last and far from less my senior mother is come to live with me and her name will be add to my lease. If there any problems please feel free to contact me, and then our lawyers can go in front of a federal Judge to discuss the matter at hand.
(Id.)
In his deposition, Plaintiff characterized this letter as follows:
I had sent documentations ... requesting a lower floor apartment with the prior director, Mr. De Esso. He informed me that I needed ... a one-bedroom apartment, and I informed him that just prior to that, I added my mother to the lease, so we kept the two-bedroom, but because of my disability, I asked him, requested for a lower floor apartment. And I was the next person on the list.
(Logan Dep. Tr. 20.)
The next document in Plaintiff’s submissions that could potentially be construed as a communication between Plaintiff and THA is what appears to be a letter from Plaintiff addressed to Matveevskii and dated August 7, 2008, more than 12 years after Plaintiff’s communication with De Esso:
Please be advised that I writing you about my concerns of being a disable tenant with a heart condition and about to have a left knee replacement in this month, which came about from a fall in your hallway somewhere between the late 80’s and the early 90’s and my MOTHER, who is now 83 years old and is using a walker after she had her total knee replacement and we are living on the 3rd floor of 31 Midland Place.
Since 1997 in my file you have many letter copies of my SSD and SSI information on my disability and copies of my Coronary Artery bypass grafts. The total my mother knee replacement and mines soon come these stairs will become too much for us ... I should be placed on the first floor apartments. In 31 Midland and 25 Midland, for these two building have the fewest amount of steps of all the Housing building. In view of the facts that whenever an apartment becomes available in one of these building we are never asked if we would like a lower floor apartment. Effective January 26, 1992, Title II of the ADA required PHAs to have a minimum of 5 percent of the total dwelling units, or at least one unit (whichever is greater), must be made accessible for persons with mobility impairments. And I am wondering why THA has not tried to give us Reasonable Accommodations.
(Pl.’s Ex. 7, at 22 (alteration in original).)
Plaintiff submitted a similar document addressed to Matveevskii dated March 7, 2010:
*240 Please be notify that a letter was written back in March 27, 1996 by Mr. De Esso the formal director of THA and my response was that I was putting THA on notices that I would be needing apartment for the disable.
Effective 1-26-1992, the federal court has mandated that a minimum of the total dwelling unit at THA. There have been at least 4 first floor apartments between 31 Midland Place and 25 Midland Place. I writing to asked you why has my request for a lower apartment on this side; which has the fewest steps than all other building units in THA. I have submitted Doctor notes that go back to the late 80’s to the present time that should be in my flies, which states my heart condition, to 5 knee operation and finally a total left knee replacement.
(PL’s Ex. 8, at 1.)
Plaintiff further submitted another such letter, also dated March 7, 2010, but this time addressed to the “THA Broad [sic] of Commissioner,” in which he repeated much of what he wrote in the preceding documents:
Please be advised that I writing you and the Broad of Commissioners about my concerns of being a disable tenant with a heart condition and a replace left knee, which came about from a follow in your hallway and my MOTHER, who is now 84 years old and is using a walker living on the 3rd floor of 31 .Midland Place. Since 1997 in my file you have many letter copies of my SSD and SSI information on my disability and Now that my mother has had a total knee replacement like myself these stairs are become too much for us ... If needed Ms. Irina Matveevskii, I will get another note from my Doctor stating that I should be placed on the first floor. Since 31 Midland and 32 Midland are the only two building with the fewest amount of steps ... In view of the facts that whenever an apartment becomes available in one of these buildings we are never asked if we would like a lower floor apartment.
So I am now requesting a form hearing to discuss with you and the broad of commissions what seems to be the problem ... Because under the APPLICABILITY: This Notice applies to all public housing programs and activities receiving Federal financial assistance either directly or indirectly from the Office of Public and Indian Housing. Federal financial assistance and programs or activities are both defined very broadly. See 24 C.F.R. § 8.3 for the regulatory definitions.
Effective January 26, 1992, Title II of the ADA required, PHAs to conduct a self-evaluation of their current services, policies and practices. See 28 C.F.R. §§ 35.105 and 35.150(d). It is time for another evaluation by FHEO look at THA Policies New Construction [see 2b C.F.R. § 8.22(a) and (b) ]. A minimum of 5 percent of the total dwelling units, or at least one unit (whichever is greater), must be made accessible for persons with mobility impairments. And additional minimum of 2 percent of the units, or at least one unit (whichever is greater) must be made accessible for persons with hearing or vision impairments. In circumstances where greater need is shown, HUD may prescribe higher percentages than those listed above. [See 2b C.F.R. § 8.22(c).] Accessible units must be on an accessible route from site arrival points and connected by an accessible route from site arrival points and connected by an accessible route to public and common use facilities located elsewhere on the site. Also, see visit ability recommendations in Section I. of this Notice. In my case THA has not complied ... And I am*241 wondering why THA has not tried to give us Reasonable Accommodations.
(Pl.’s Ex. 7, at 21 (alterations in original).)
Plaintiff submitted another similar letter, also dated March 7, 2010 and addressed to the “Broad [sic] of Commissioner (Correction Board)”:
Please advised that I writing your and the Board of Commissioner about my concerns of being a disable tenant with a heart condition and replace left knee, which came about form falling you hallway.
My MOTHER, who is 84 years old and using a walker needs to be on the first floor and not the 3rd floor of 31 Midland Place. My mother also has had a total knee replacement.
Since the late 80’s to the present, your office have letter from Society Security, to letters from doctors and hospital. Ms Matveevskii, since I can’t get your attention, I am requesting a formal hearing with HUD to discuss what seems to be a problem with ADA tenants; in view of the facts that whenever an apartment becomes available in one of these building we are never asked if we would like a lower floor apartment. Effective January 26, 1992, Title II of the ADA required PHAs to have a minimum of 5 percent of the total dwelling units, or at least one unit (whichever is greater), must be made accessible for persons with mobility impairments. And I am wondering why THA has not tried to give us Reasonable Accommodations.
(PL’s Ex. 8, at 2.)
It appears as though THA’s first response to these communications came on July 15, 2010, in a letter written by Jones:
In review of your file and your initial letter submitted to Tuckahoe Housing Authority with reference to your current family composition and medical needs, your family requires a larger apartment. You have been placed in a waiting list to be moved to an apartment that better accommodates the needs of your family and yourself. As soon as something becomes available we will contact you.
(PL’s Ex. 7, at 7.)
It is unclear which of Plaintiffs letters Jones was characterizing as “initial.” Regardless, less than a month later, on August 5, 2010, Jones wrote Plaintiff again:
In response to your request for a lower level apartment, we would like to offer you a two bedroom apartment at the Tuckahoe Housing Authority. The vacant apartment is located in 12 Washington Street. Please inform the THA immediately if you would like to take this apartment. If the apartment is not suitable for your family’s needs, please inform the THA in writing as soon as possible.
(THA Defs.’ Ex. D, at 11.)
Apparently not having heard from Plaintiff, Jones followed up with another letter approximately two weeks later, on August 20, 2010:
On August 5, 2010 you were sent a letter with reference to an available apartment that meets your needs, located in 12 Washington Street. To date you have yet to notify the Tuckahoe Housing Authority if you are interested.
If you are interested please inform the THA office. If you are not interested in this apartment, please notify the office in writing as soon as possible.
*242 If we do not hear from you within 5 days of receiving this letter, we shall assume you are not interested in this apartment.
(Id. at 13.)
Six days later, Jones wrote a letter to Matveevskii, explaining the status of the offer that she made to Plaintiff:
Mr. Logan called the office on August 26, 2010 at 2:30 PM, to notify THA that he is not interested in the available apartment on 12WS due to it not being located on 25 Midland Place or 31 Midland Place. I asked him to write a letter stating so, and he cordially agreed to do so.
He stated that he prefers an apartment in either of those buildings (25Md or 31Md) because they have shorter steps for his elderly mother to use.
(Id. at 15.)
As promised, following his telephone call, Plaintiff submitted a letter to THA regarding the apartment at 12 Washington Street on August 27, 2010:
As per our conversation 8-26-2010 with you in reference to the available apartment on 12 Washington Street in Tucka-hoe Housing, because of the step factor and my mother age and condition the only location suitable would be in the area of 31 Midland Place or 25 Midland Place.
For this location have the fewest amount of steps for us to go down. So when the next available apartment becomes we would like first consideration on a 2 bedroom apartment in this location ...
(Id. at 16.)
In his deposition, Plaintiff explained his reasons for rejecting the apartment at 12 Washington Street in greater detail:
I told her it was—because of the step arrangement in the building, at the bottom of the steps my mother had to still come down with the walker, it was not accessible, It was not good. She had to walk down two steps, come out the building, walk down three steps. You have a level courtyard where there’s benches and things, and then you got to walk down four more steps to get to the street. And at 12 Washington Street, that particular dead end, it’s called a dead end, it’s flooded. The flood goes as high as—over the embankment and into the hallways when it heavy rains and what have you. There’s a drainage problem in that facility. And you can go to the village and look up the records of how many times the fire department had to come down there to help people out of there that was disabled, because of the height of the water. The water was up to three or four feet high. And I was not placing my mother in that type of danger.
(Logan Dep. Tr. 42.)
In his Amended Complaint, Plaintiff also included a letter from Dr. Robert Roz-bruch, addressed to Matveevskii and dated October 25, 2010, in which Dr. Rozbruch wrote that Plaintiff was “under [his] medical and surgical care”; that Plaintiff “had total knee replacement on August 13, 2007”; that Plaintiff “live[d] with his mother who is 84 years old and also had total knee replacement,” and “use[d] a walker to help her walk”; and that “[i]t would be most helpful if [Matveevskii] could move [Plaintiff and his mother] from the 3rd floor apartment which they live[d] in ... to a ground floor apartment.” (Pl.’s Ex. 3, at 9.)
On August 5, 2010, the Tuckahoe Housing Authority offered you a two bedroom apartment on the first floor, located in 12 Washington Street. However you refused this apartment on August 27, 2010 because it was not located in 31 Midland Place nor 25 Midland Place. Unfortunately, we currently do not have any vacant apartments located in either of those buildings. As soon as an apartment becomes available we will offer you the apartment as you are first in our transfer list.
(THA Deft.’ Ex. D, at 17.)
On November 10, 2010, Plaintiff responded to Jones’ latest letter:
As per your letter written on 11-8-10 ... AND IN RESPONSE TO YOUR STATEMENT ABOUT WHAT YOU OFFERED BACK IN 8-27-10 ... In all of the building units in THA complex there are only two building that have only two steps to come in and two go out the building and these are 31 and 25 Midland Place ...
Again I will state this for your ATTENTION ... My Mother is 84 and is using a walker after having a total knee replacement. Not to forget my knee replacement that was cause by this building and my heart condition ...
(Pl.’s Ex. 7, at 9 (alterations in original).)
The Parties’ submissions do not contain any further communications between THA and Plaintiff until June 22, 2011, although the letter that Matveevskii wrote to Plaintiff on that date references earlier correspondence:
Yesterday I received a letter from Dr. Warshafsky in which he wrote that "... it would be most helpful if he (i.e., you) could be moved to a ground floor apartment. ”
As a response I must say that we have endeavored, to the best of our ability, to accommodate your needs and provide you with a two-bedroom ground floor apartment. And we have done this since the very first letter from Dr. War-shafsky was delivered to the THA on July 11, 2010.
Four days later, on July 15, 2010, we wrote to you that we were placing you on a waiting list for an apartment on a ground floor.
On August 5, 2010, we wrote to you offering you a two-bedroom apartment on the ground floor of one of our THA buildings.
On August 20, 2010, not having heard from you, we wrote to you again offering you the same apartment and sought to find out if you were, in fact, interested in moving.
On August 26, 2011, you called the THA office and informed us that you were not interested in the apartment and would only accept a ground floor apartment in either 25 or 31 Midland Place. You were asked to tell us this in writing. On August 27, 2011, you did, in fact, deliver to our office a note reiterating what you spoke about on the phone the day before.
On November 5, 2010, you presented us with a letter from a Dr. Rozbruch in which he also said it was desirable for*244 you to be moved to a ground-floor apartment.
On November 8, 2010, we wrote to you informing you that we did not, as yet, have any two-bedroom ground floor apartments available in either 25 or 31 Midland Place, but that you were first on our 'waiting list for said apartment. Some time after this, despite our carefully documented and well-meaning efforts to secure an apartment for you of your choice, you chose to make some of the most unfortunate statements to the Westchester County Human Rights Commission, and actually accused us of discriminatory conduct or practices. Continuing to have no ground floor two-bedroom apartments available in either 25 or 31 Midland Place we offered, in March of 2011, to move a family out of a two-bedroom, handicapped accessible unit in 4 Union Place in order to accommodate your needs. Access to that apartment doesn’t require even a single step, which makes it easier for you and your mother than any building in Sanford Gardens. This offer was communicated to you as well as to Joshua Levin, the Director of Fair Housing in White Plains, by our attorney’s letter to Mr. Levin on March 29, 2011. We were once again informed that you did not want the apartment we were offering; this time the one at 4 Union Place. In conclusion, please know that there is absolutely no need to keep sending us statements from doctors regarding your health or your needs. It is now just about one year since we placed you on a waiting list for a two-bedroom ground floor apartment. The apartment we found in just 20 days you declined to accept. Since that time we have made a commitment to place you in the very first two-bedroom ground floor apartment available in either of the two buildings you insist on residing in. Nothing has changed in our commitment to do this. We were even prepared to ask a family to vacate their apartment in 4 Union so that you could move in to what appeared to be a perfect solution to the situation. You should know that that offer still stands to this day, and as soon as we hear from you we will have that same family move out so you can take over the ground floor handicapped accessible apartment at 4 Union Place. If not, then per your instructions to us, we will simply have to continue to wait for the next available ground floor two-bedroom apartment in either 25 or 31 Midland Place.
(PL’s Ex. 9, at 2-3; see also THA Defs.’ Ex. F, at 3-4.)
Matveevskii wrote Plaintiff another letter less than a month later, on July 14, 2011, in which she repeated much of what she wrote in her June 22, 2011 letter, adding the following:
On June 22, 2011, after receiving yet another doctor’s letter regarding your need of a ground floor apartment, we offered you the same apartment on a ground floor at 4 Union Place. You were advised to contact the office and inform us if you were interesting in taking said apartment.
You did not contact the office to this date.
*245 On July 11, 2011, another doctor’ [s] letter was delivered to the THA with the same request of a ground floor apartment.
THA is hereby offering you for the fourth time a ground floor apartment at 4 Union Place that is handicapped accessible and requires NO steps of any kind to access. Please advise the office immediately when you are planning to move.
(THA Defs.’ Ex. F, at 1-2.)
The next correspondence between the Parties that appears in their submissions is a December 8, 2011 letter from Mat-veevskii to Plaintiff:
In response to your letter dated November 6, 2011, please be advised that:
1. The THA is acknowledging that you are still interested in taking an apartment on a first floor
2. Your statement that you have been waiting for a first floor apartment for over 16 years is unjustified and simply untrue. There are no records of your requesting an apartment prior to 2010 when an apartment was offered to you less than a month after you placed your original request.
3. At this time we are offering you two apartments on a first floor: one apartment is fully ADA accessible and has no steps of any kind. It is located at 4 Union Place. The second apartment is located at 31 Midland Place and is NOT ADA accessible. The THA does not intend to make it accessible since the structure of the building and the year the building was built renders it unfeasible, thus qualifying the building for an exemption.
4. Should you choose to take the apartment that is not handicap accessible, you will agree in writing to accept it AS IS and will not be requesting any modifications to the apartment in the future.
You will also agree that should you require an accessible apartment in the future, you will be willing to move to 4 Union Place when a handicapped accessible apartment becomes available, or to another ADA accessible unit that may be available at that time
5. You will be responsible to pay for your move
6. This is ... the sixth time you have been offered an apartment on a first floor in the past two years.
(THA Defs.’ Ex. H, at 1.)
The following month, on January 18, 2012, Matveevskii wrote to Plaintiff again, apparently prompted by a letter that THA received from one of Plaintiffs doctors “regarding [his] need for a walk-in shower”:
Please be advised that the [THA] repeatedly offered you an apartment located at 4 Union Place on a first floor. Said apartment is fully ADA-compliant and handicapped-accessible. At this time we are offering it to you again. The apartment at 4 Union Place is designed to accommodate elderly and disabled residents of the THA who are in need of an accessible unit.
Your current apartment at 31 Midland Place and the one we also offered you in the same building on a first floor are NOT ADA accessible; the THA does not intend to make them accessible since the structure of the building and the year the building was built renders it unfeasi*246 ble, thus qualifying the building for an exemption.
Should you decide to forego this opportunity again and stay at 31 Midland Place, whether in your current unit or the unit 1A on the first floor of the same building, you will agree in writing that the THA has fulfilled its obligation for reasonable accommodation and offered you an accessible unit that you chose to decline.
(THA Defs.’ Ex. I, at 1.)
At the bottom of Matveevskii’s letter, she provided. Plaintiff with two numbered options from which to choose. The first read, “I, Thomas Logan, have chosen to stay at 31 Midland Place and decline the offer of a handicap accessible unit.” (Id.) The second read, “I, Thomas Logan, have chosen to accept the offer of a handicap accessible unit located at 4 Union Place.” (Id.)
Matveevskii sent Plaintiff another letter, also on January 18, 2012, which contained much of the sanie information as did her December 8, 2011 letter, apparently because Plaintiff had sent her a letter stating that he had not heard from her since November 2011. (See THA Defs.’ Ex. J, at 1, ¶ 2 (“Contrary to your statement that you have not had any further notice from me since -November 2011, attached find a copy of the letter mailed to you on December 8, 2011.”).) Approximately two-and-a-half months later, on April 3, 2012, THA’s counsel, Nicholas Leo (“Leo”), wrote to Plaintiff that he had “received [Plaintiffs] notice that [Plaintiff] [was] accepting the [THA’s] offer to move [Plaintiff] to an apartment that is more acceptable, i.e. lacks steps,” but that while the apartment that Plaintiff had chosen, “1A in building 31, lacks steps, it is not handicap acceptable, ADA compliant and will not be converted to same,” so “[i]f [Plaintiff] [was] seeking a handicap accessible/ADA Compliant apartment,” then the apartment that Plaintiff had selected was “not the apartment for [him].” (THA Def.’s Ex. L, at 1.) Leo continued by noting that, “[a]s previously advised, [THA] [did] have a handicap accessible/ADA Compliant apartment available but [Plaintiff] [was] rejecting same.” (Id.) Leo then wrote that “[w]hen [Plaintiff] acknowledge^] the aforementioned by signing” the bottom of the letter, THA would “advise [Plaintiff] when [Plaintiff] [could] move at [his] expense.” (Id.) The portion of the letter that Leo requested that Plaintiff sign read, “The undersigned acknowledge and expressly agree that they are waiving any request for a handicap access/ADA Complaint apartment and request apartment 1A, in Building 31.” (Id.) The letter continued, “Parties further acknowledge and agree that apartment 1A, in Building 31 is not and will never be made handicap access/ADA Compliant.” (Id.) The letter provided signature lines for Plaintiff, Plaintiffs mother, and Plaintiffs brother. (Id.)
Plaintiff returned Leo’s letter back to him on April 18, 2012, with the line beginning, “The undersigned acknowledge,” crossed out in pen, and with handwritten margin notes that read, inter alia, “I do not waive my rights to a handicap access/ADA compliant apartment.” (THA Defs.’ Ex. M, at 1.) Leo responded on April 30, 2012, writing that he was in receipt of Plaintiffs “authorization to move to apartment 1A,” but that “[u]nfortunately, as [Plaintiff] [did] not waive [his] right to a handicap apartment,” and had “rejected the [THA’s] offer to move [Plaintiff] to an ADA compliant apartment, the [THA] [could not] move [Plaintiff] to apartment 1A.” (THA Defs.’ Ex. N, at 1.) Leo asked, “What happens if the [THA] moves you and then you decide you want an ADA apartment, do we move you again?” (Id.) He also stated that THA could “no longer
It appears as though Plaintiff never accepted THA’s offer of the first-floor apartment at 31 Midland Place, just as he never accepted THA’s offer of the first-floor apartments at 4 Union Place and 12 Washington Street. In his deposition, Plaintiff explained why he rejected the apartment at 4 Union Place, in which a number of senior citizens were apparently housed:
I feel that I wasn’t asking for them to lasso the moon and bring it down in front of me. All I asked them to do was to be in compliance with federal law. So if I’m a bad guy for asking for my rights—me, I can’t be around seniors on a constant basis. I can go and visit them and what have you, but I get claustrophobic. I get very antsy about that. And my Dr. Warshafsky wrote in his letter to them explaining that to them. As part of my rehab thing and what you have at the second phase of it, for the last ten days they put me in the senior citizen—I got very depressed, very, very depressed, to the point that it was affecting my rehab.
So I had to sign myself out and come home. And then my doctor signed me into [a rehabilitation facility] immediately to continue my rehab and what you have, because it was deteriorating me. I was losing weight, couldn’t eat. I would go to bed one day, and the person next to me, I say good night to him, I’m waking up and they’re taking a body bag and they’re bringing him out of the room. That happened to me three times while I was in the nursing home.... It begins to work on your mind. Psychologically, it begins to work on your mind and what you have. And if you want to go and check those records and see if you want to see about that, the psychiatrist-said I was very depressed.
(Logan Dep. Tr. 69-71.)
In response to questioning from counsel, Plaintiff also stated the following:
[Matveevskii] can do what she wants to do. She has made no attempts to try to accommodate me on my simple request. All I asked to do is to stay in the building that I’ve been in for close to 30 years and—because that’s the comfort level, for A. B, it has the fewest amount of steps that I have to deal with and what have you. And none of that has been addressed, as far as I’m concerned.
(Id. at 57.)
Plaintiff also described several first-floor apartments that he claims Matveevskii converted from two-bedroom to three-bedroom residences:
I don’t understand. And, again, I was on the waiting list, disabled, and it wasn’t being offered to—being offered, understand what I’m saying. I mean maybe it’s absence of malice. I don’t know. I can’t justify what goes on in her head. I just know that she shows hostility.
(Id. at 119.)
During his deposition, counsel asked Plaintiff, “And you’re looking for a three-bedroom apartment on the first floor; is that correct?” (Id. at 117.) Plaintiff replied that he was. (Id.) Counsel then asked, “Do you have any requirement that the unit for your family be handicapped-accessible?” (Id.) Plaintiff explained that, as of April 22, 2013, the date on which the deposition took place, he, his mother, and his brother would all be willing to waive that requirement, and that they would also be willing to waive “ADA compliance”:
*248 [I]f my mother needs a rail, then I’ll put a railing up for my mother. It’s no biggy wiggy to go and get railing and attach it to the hallway so she can hang onto it if she feels faint and what have you. I told Leo ... that I would do that anyhow. But since nobody wanted to explain nothing to me, you understand what I’m saying, I got my hind legs up and became a little stubborn about the situation, and I fall back on what it is, that I ask questions, you know.
(Id. at 119-120.)
B. Procedural Background
Plaintiff filed a Complaint on December 2, 2010, in which he named Matveevskii and THA as Defendants. (See Dkt. No. 1.) On April 7, 2011, Plaintiff voluntarily dismissed the causes of action that he had asserted against Matveevskii without prejudice, leaving only the causes of action that he had asserted against THA. (See Dkt. No. 9.) Plaintiff then voluntarily dismissed the causes of action that he had asserted against THA as well, again without prejudice, on May 18, 2011. (See Dkt. No. 11.) Approximately two months later, on July 11, 2011, Plaintiff moved to reopen the case and file an Amended Complaint. (See Dkt. No. 12.) On December 14, 2011, Plaintiffs case was reassigned to this Court. (See Dkt. No. 17.) The Court granted Plaintiffs request to reopen the case and file an Amended Complaint on January 12, 2012. (See Dkt. No. 19.) On January 31, 2012, Plaintiff filed an Amended Complaint, asserting causes of action against all of the named Defendants. (See Dkt. No. 21.) The THA Defendants filed an Answer in response to Plaintiffs Amended Complaint on June 6, 2012. (See Dkt. No. 32.) On March 7, 2013, Plaintiff submitted an application for pro bono, counsel, which request the Court denied. (See Dkt. Nos. 48, 49.)
On August 9, 2013, the THA Defendants filed their Motion for Summary Judgment, (see Dkt. Nos. 61-69), and the HUD Defendants filed their Motion to Dismiss, (see Dkt. Nos. 56-58). On September 25, 2013, Plaintiff requested an extension of time to respond to Defendants’ Motions, which request the Court granted. (See Dkt. No. 72.) On October 28, 2013, Plaintiff submitted his Opposition to Defendants’ Motions. (See Dkt. No. 89.) The THA Defendants then submitted their Reply Memorandum on November 14, 2013, (see Dkt. No. 73), and the HUD Defendants submitted their Reply Memorandum the next day, (see Dkt. No. 75). On May 14, 2014, in an attempt to clarify certain aspects of Plaintiffs allegations, the Court directed Plaintiff and the THA Defendants to submit Supplemental Memoranda of Law. (See Dkt. No. 86.) The THA Defendants thereafter submitted their Supplemental Reply Memorandum of Law on May 28, 2014. (See Dkt. No. 87.) On May 21, June 2, June 8, June 13, and June 25, 2014, Plaintiff submitted various documents and photographs to the Court, none of which were responsive to the Court’s May 14 Order. (Sée Dkt. Nos. 90-92.)
II. DISCUSSION
A. The THA Defendants’ Motion for Summary Judgment
1. Construing Plaintiffs Claims
Before the Court can describe the legal framework applicable to Defendants’ Motions, it must first determine which federal causes of action Plaintiff is attempting to assert. Given that Plaintiffs Amended Complaint is a 330-page compilation of allegations, sections of various federal and state statutes, medical records, filings in related lawsuits, and other documents of questionable relevance, and that Plaintiffs’ Opposition to Defendants’ Motions is just
Toward the beginning of Plaintiffs Amended Complaint, he generally references “Discrimination of a Disability person.” (Am. Compl. 5.) In the Southern District of New York pro se complaint form that Plaintiff included in his Amended Complaint, Plaintiff wrote that the basis for this Court’s jurisdiction over his case is the “Civil Rights Act of 1973, That deals with discrimination.” (Am. Compl. 11.) At various points throughout his Amended Complaint, Plaintiff also makes reference to, inter alia, “Section 504 of the Rehabilitation Act of 1973” and “Title II of the Americans with Disabilities Act of 1990.” (See, e.g., Am. Compl. 5-7.) After describing complaints that other people have allegedly filed against THA, Plaintiff also writes the following:
My question to you’re honor is where that list that should have my name on it. Because, on 7-15-2010 some 14 years later Ms. Irene Matveevskii, and Tucka-hoe Housing Authority are talking about putting me on a waiting list for the handicap.
Well if this is not discrimination, it sure smells like a form’ of discrimination. My question; is why did it take THA until 7-15-2010, before I was being place on a disability list. It took THA II years for Mr. Jeff Zuckerman, board of commissioner chair and Ms. Mat-veevskii, to recognize me as a human being with handicap needs.
(Am. Compl. 4.)
In a section of his Amended Complaint discussing “[t]he Americans with Disabilities Act (ADA),” Plaintiff makes reference to “Reasonable Accommodations,” writing that “[i]t is unlawful to refuse to make such reasonable changes in rules, policies, practices, and services which may be necessary to afford a person with a disability an equal opportunity to enjoy and use a dwelling.” (Id. at 7.) Later in his Amended Complaint, Plaintiff writes, “If there was an emergency due to a fire or any other" reason, Mr. Logan would not be physically capable of handling himself or his mother in departing from the 3rd floor walk up building. SAFETY!!” (Id. at 20.) Plaintiff also submitted a March 17, 2011 complaint that he filed against THA and Matveevskii with the Westchester County Human Rights Commission, which reads in relevant part as follows:
4. I have a physical disability.
5. I live with my elderly and physically disabled mother, who requires the use of a walker.
6. As a result of our disabilities, we require an apartment located on the ground floor.
7. Beginning on or about August 7, 2008, I submitted a written request to Matveevskii, seeking a move from our third floor apartment to a ground floor unit, in order to accommodate our physical disabilities.
8. Respondents did not respond to our request.
9. I continued to make requests to the Respondents for the same reasonable accommodation, but my requests were ignored.
10. On or about March 7, 2010, I sent another letter to Respondent THA, regarding our need to be relocated to a*250 first floor apartment because of our disabilities.
11. On or about July 12, 2010, I submitted a medical letter to the Respondents regarding my physical disability and the need for a ground floor unit.
12. The Respondents sent me a letter stating “in reference to your current medical needs, we have taken into consideration that you need an apartment in a lower level. You have been placed on a waiting list ...”
13. To date, my request has not been granted.
14. As a result of the Respondents’ actions, my mother and I continue to reside on the third floor, while an available first floor unit in the THA was given to another family.
15. Respondents have continuously delayed granting my request for a reasonable accommodation.
16. Such failure to provide a reasonable accommodation is an unlawful discriminatory real estate practice under Westchester County Fair Housing Law, Sec. 700.21(A)(9)(c)(ii).
(Pl.’s Ex. 2, at 8.)
Additionally, Plaintiff writes in his Amended Complaint, “The question of why her Ms. Adalgisa Jones finally look in my flies 14 years later before discover it in should had been put on a disable list for the handicap; even do [sic] for the pass 31 I been showing THA my SSD earning?” (PL’s Ex. 3, at 20.) Plaintiff later alleges, “As for me at this time, I included to your office my corresponding documents asking for a handicap apartment, I was told that I needed doctor letters which, were supplied to THA Office. After receiving all need documents it THA 14 years before I was put on a handicap list for an apartment. My mother and I live on a third floor apartment.” (PL’s Ex. 9, at 14.)
In his Opposition to Defendants’ Motion for Summary Judgment and Motion To Dismiss, which Opposition is almost as lengthy as his Amended Complaint, Plaintiff describes his “First Claim for Relief’— the only claim for relief so described—as “Violation of the ADA.” (PL’s Opp. to Defs.’ Mot. for Summ. J. and Mot. to Dismiss (“PL’s Opp.”) Ex. E.)
Taking all of the foregoing into consideration, liberally construing Plaintiffs submissions, and interpreting those submissions to raise the strongest arguments that they suggest, the Court finds that Plaintiff is most likely attempting to assert a rea
2. Standard of Review
a. Rule 56 of the Federal Rules of Civil Procedure
The THA Defendants move for summary judgment. Summary judgment shall be granted where the movant shows that there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Psihoyos v. John Wiley & Sons, Inc.,
“In determining whether summary judgment is appropriate,” a court must “construe the facts in the light most favorable to the non-moving party and ... resolve all ambiguities and draw all reasonable inferences against the movant.” Brod,
Because Plaintiff proceeds pro se, the Court must “construe[ ] [his] [complaint] liberally and interpret! ] [it] to raise the strongest arguments that [it] suggest[s].” Sykes v. Bank of Am.,
b. Reasonable Accommodation Under the FHA, the ADA, and the Rehabilitation Act
The FHA states that “[i]t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.” 42 U.S.C. § 3601. “The FHA originally prohibited discrimination on the basis of race, color, religion, or national origin,” but “[t]he Fair Housing Amendments Act of 1988 extended the Fair Housing Act’s principle of equal opportunity in housing to individuals with handicaps,” by “making it unlawful to ‘discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services o[r] facilities in connection with such dwelling, because of a handicap of that person.’ ” Bentley v. Peace & Quiet Realty 2 LLC,
Because “[t]he relevant portions of the FHA, ADA, and Section 504 of the Rehabilitation Act offer the same guarantee that a covered entity, such as a public housing authority, must provide reasonable accommodations in order to make the entity’s benefits and programs accessible to people with disabilities,” “analysis of a reasonable accommodation claim under the three statutes is treated the same.” Sinisgallo v. Town of Islip Hous. Auth.,
However, the statutes are not identical, but “nearly identical,” McElwee v. Cnty. of Orange,
In regard to the ADA and the Rehabilitation Act, “[o]ne of the primary differences between [them] is that the Rehabilitation Act only applies to federally-funded programs.” Cardona v. Cmty. Access, Inc., No. 11-CV-4129,
Another difference between the two statutes is that the reach of the Rehabilitation Act is limited to denials of benefits “solely by reason of ... disability,” 29 U.S.C. § 794(a) (emphasis added), while the ADA applies more broadly to such denials “by reason of ... disability,” 42 U.S.C. § 12132. See Cercpac v. Health & Hosps. Corp.,
These appear to be the only two significant differences between the ADA and the Rehabilitation Act. See Weixel v. Bd. of Educ. of City of New York,
The ADA Amendments Act of 2008 broadened the category of individuals entitled to statutory protection under the ADA and the Rehabilitation Act by altering the definition of the term “disability.” Prior to the enactment of the ADA Amendments Act, courts generally considered individuals who were “disabled” under the ADA and the Rehabilitation Act to be “handicapped” under the FHAA. The ADA Amendments Act,*255 however, did not amend the FHAA. Therefore, some individuals may not be “handicapped” within the meaning of the FHAA even though they are “disabled” within the meaning of the ADA and the Rehabilitation Act.
Brooker v. Altoona Hous. Auth., No. 11-CV-95,
. Another difference is that “the ADA and the [Rehabilitation Act] may be broader than the FHA because ... coverage under the FHA is limited to statutorily defined ‘dwellings,’ but that term appears nowhere in the relevant provisions of the ADA and the [Rehabilitation Act].” Schwarz v. City of Treasure Island,
Lastly, another reason why the ADA and the Rehabilitation Act may be broader than the FHA is that “[t]he FHA, in contrast with the ADA, does not regulate disability discrimination by public accommodations and in places of public accommodation,” and is instead confined to “discrimination] against handicapped individuals in providing housing.” Overlook Mut. Homes, Inc. v. Spencer,
Thus, it does not appear as though Plaintiffs reasonable-accommodation claim implicates any of the “subtle differences” between the three statutes. Additionally, the THA Defendants have based their Summary Judgment Motion on the assumption that all three statutes are poten
“To state a prima facie case for discrimination based on a failure to reasonably accommodate, a plaintiff must demonstrate that: (1) he suffers from a handicap as defined by the FHAA [or a disability as defined by the ADA and Rehabilitation Act]; (2) the defendant knew or reasonably should have known of the plaintiffs handicap [or disability]; (3) accommodation of the handicap [or disability] ‘may be necessary’ to afford plaintiff an equal opportunity to use and enjoy the dwelling; and (4) defendants refused to make such accommodation.” Sinisgallo,
Under the third prong of the prima facie test, “[t]he Second Circuit has defined a reasonable accommodation as one that gives the otherwise qualified plaintiff with disabilities meaningful access to the programs or services sought.” Sinisgallo,
Several courts have held that, under certain circumstances, a mobility-impaired resident’s request to move from an upper-floor apartment to a lower-floor apartment may be a cognizable request for a reasonable accommodation under the FHA, the ADA, and the Rehabilitation Act. See, e.g., Bezi v. Camacho, No. 11-CV-677,
Under the fourth prong of the prima facie test, a refusal of a request for a reasonable accommodation “can be both actual or constructive, as an indeterminate delay has the same effect as an outright denial.” Groome Res. Ltd. L.L.C. v. Parish of Jefferson,
In assessing whether a defendant has constructively denied a plaintiffs request for an accommodation through unreasonable delay, courts often consider whether the delay was caused by the defendant’s unreasonableness, unwillingness to grant the requested accommodation, or bad faith, as opposed to mere bureaucratic incompetence or other comparatively benign reasons. See, e.g., Astralis,
In fact, in the analogous context of an employee’s claim that an employer has constructively denied the employee’s request for a reasonable accommodation through delay in violation of Title I, as opposed to Title II, of the ADA, courts in the Second Circuit have consistently held that a plaintiff is required to provide evidence that the delay was motivated by the employer’s discriminatory intent, as opposed to mere negligence. See, e.g., Hamedl v. Weiland, No. 10-CV-2738,
A recent Second Circuit decision demonstrates that cases involving reasonable-accommodation claims brought under Title I of the ADA are useful interpretive tools for analyzing reasonable-accommodation claims brought under Title II of the ADA, the Rehabilitation Act, and the FHA. In McElwee v. County of Orange,
The McElwee court also noted that, “[a]lthough [the plaintiff] [had] brought the ... ease pursuant to Title II of the ADA,” the court was entitled to “look for guidance to case law under Title I of the ADA, which governs employment discrimination,” both because the plaintiffs volunteer position was “analogous to that of an employee,” but also because “courts use the terms ‘reasonable modifications’ in Title II and ‘reasonable accommodations’ in Title I interchangeably.”
It is thus reasonable to rely on Title I reasonable-accommodation case law in considering Plaintiffs Title II, Rehabilitation Act, and FHA reasonable-accommodation claims as a general matter, as well as in the specific context of constructive denial. Cf. Innovative Health Sys., Inc. v. City of White Plains,
3. Analysis
a. The THA Defendants Granted Plaintiffs Request for a Reasonable Accommodation
The THA Defendants do not argue that Plaintiff cannot satisfy the first, second, or third prongs of the prima facie test for a reasonable-accommodation claim under the FHA, the ADA, and the Rehabilitation Act. Rather, the THA Defendants challenge only Plaintiffs ability to satisfy the fourth, arguing that Plaintiff cannot demonstrate that they “refused to make such accommodation.” (See THA Defs.’ Mem. 5 (“Plaintiff cannot establish a prima facie claim of discrimination under the FHA, the ADA, or the Rehabilitation Act.... [T]he THA Defendants never refused to offer him a reasonable accommodation.”).)
Attached to Plaintiffs Amended Complaint is what seems to be a letter dated August 7, 2008, in which Plaintiff asks that, because of his disabilities, he be moved from his third-floor apartment to a first-floor apartment. (See Pl.’s Ex. 7, at 22.) In the letter, Plaintiff makes specific reference to “31 Midland and 25 Midland, for these two buildings have the fewest amount of steps of all the [THA] building[s].” (Id.) Plaintiff alleges that he made a similar request on March 7, 2010, emphasizing that the reason that he was seeking relocation to a first-floor apartment in either 31 Midland Place or 25 Midland Place was because those buildings had “the fewest steps [of] all [the] other building units” that THA managed. (PL’s Ex. 8, at 1.) Also on March 7, 2010, Plaintiff sent another communication to the THA Board of Commissioners, in which he provided substantially the same information; confirmed his interest in moving to a first-floor apartment; observed that “whenever an apartment [became] available” in his buildings of choice, he and the family members with whom he lived were never asked if they wanted to move in; and wrote that “31 Midland and 32 Midland [were] the only two building[s] with the fewest amount of steps,” likely referring to 31 Midland Place and 25 Midland Place. (PL’s Ex. 7, at 21.) Plaintiff sent another largely repetitive letter to the THA Board of Commissioners on the same day. (See PL’s Ex. 8, at 2.) As noted above, Plaintiffs communications were likely requests for accommodation cognizable under the FHA, the ADA, and the Rehabilitation Act. See Bezi,
THA responded on July 15, 2010, informing Plaintiff that he had been placed on a waiting list, but incorrectly characterizing Plaintiffs communications as a request to move to a larger apartment. (PL’s Ex. 7, at 7.) THA followed up ap
Taking the facts in the light most favorable to Plaintiff, it could be said that THA’s offer of an apartment at 12 Washington Street did not meet Plaintiffs stated needs. Although the putative letters dated August 7, 2008 and March 7, 2010 are somewhat confusing, if one thing is clear from those documents, it is that Plaintiff was seeking to move to a first-floor apartment in order to minimize the number of steps that he and his mother would have to negotiate on a daily basis. He communicated a preference for 31 Midland Place and 25 Midland Place for no reason other than that those buildings had a comparatively small number of such steps. • If Plaintiff were to have accepted THA’s offer to move to a first-floor apartment that had a substantial number of steps, it would not have been optimal. In his deposition, Plaintiff described the 12 Washington Street apartment as requiring an entrant to walk up four steps from the street into a level courtyard, and to then walk up another five steps to gain access. (Logan Dep. Tr. 42.) Plaintiff also described frequent flooding of the 12 Washington Street building’s first floor, which he explained posed a particular -risk to disabled residents like him and his mother. (Id.) While the THA Defendants dispute that there is a meaningful difference as to accessibility between the first-floor apartments located at 31 and 25 Midland Place and the first-floor apartment at 12 Washington Street that they offered to Plaintiff, the THA Defendants do not contest Plaintiffs characterization of the apartment at 12 Washington Street as being prone to dangerous flooding. (See THA Defs.’ Ex. D, at 3 (‘While it is correct that there are three outside steps to gain entrance from the street to the Washington Street building as opposed to two outside steps to gain entrance to the Midland Place building, all buildings on Washington Street and Midland Place have rear entrances with ramps that do not require use of steps to gain entrance from the street. In addition, all buildings on Washington Street and Midland Place have, once you enter from the outside, three interior steps to get to the ‘ground floor’ apartments.... ”)). Regardless, to the extent that the Parties dispute differences between the buildings as to accessibility, that is a factual dispute that it would be improper for the Court to resolve on a summary judgment motion.
The same cannot be said of the next offer that THA made to Plaintiff. On November 8, 2010, THA informed Plaintiff that THA “currently [did] not have any vacant apartments located in either” 31 Midland Place or 25 Midland Place, but that Plaintiff was “first in [THA’s] transfer list,” and would be offered a suitable apartment in one of those buildings “[a]s soon as [one] [became] available.” (THA Defs.’ Ex. D, at 17.) Plaintiff responded two days later, noting that, “[i]n all of the building units in [the] THA complex[,] there [were] only two buildings that [had] only two steps to come in and [to] go out [of] the building,” and that those were 31 Midland Place and 25 Midland Place. (Pl.’s Ex. 7, at 9.) According to the THA Defendants, approximately four-to-five months after this exchange, in March 2011, THA “offered ... to move a family out of a two:bedroom, handicapped accessible unit in 4 Union Place to accommodate [Plaintiffs] needs.” (Pl.’s Ex. 9, at 3; see also THA Defs.’ Ex. F, at 4.) “Access to that apartment [did not] require even a single step,” which made it “easier for [Plaintiff] and [his] mother than any [other] building in Sanford Gardens,” including 31 Midland Place and 25 Midland Place. (Id.) This offer was communicated to Plaintiff, as well as to Plaintiffs attorney. (See PL’s Ex. 9, at 3; THA Defs.’ Ex. F, at 4.) Plaintiff rejected the offer of the apartment at 4 Union Place, not only the first time that THA offered it to him, but five subsequent times as well. (See PL’s Ex. 9, at 3; THA Defs.’ Ex. F, at 4; id. at 1-2; THA Defs.’ Ex. H, at 1.) Importantly, nowhere in Plaintiffs submissions does he challenge the THA Defendants’ statements that they offered him a first-floor apartment at 4 Union Place in March 2011, as well as five subsequent times; that he rejected all of those offers; that the apartment at 4 Union Place was fully handicapped-accessible; or that access to the apartment at 4 Union Place required the negotiation of fewer steps than would have a first-floor apartment in either 31 Midland Place or 25 Midland Place. In fact, as part of his Amended Complaint, Plaintiff included the letter from Matveevskii from which the information described above is primarily drawn. (See PL’s Ex. 9, at 3.)
In his submissions, Plaintiff did not provide any reason why he rejected THA’s offers of the apartment at 4 Union Place. However, in his deposition, Plaintiff cited two reasons for these rejections. The-first was his “comfort level” with 31 Midland Place, “the building that [he had] been in for close to 30 years.” (Logan Dep. Tr. 57.) While Plaintiffs attachment to his building is understandable, it has no demonstrated relationship to his handicap or disability, and as such, THA had no obligation to take it into account in attempting to accommodate him. See Hamedl,
Moreover, there is also no evidence in the record from which a jury could reasonably conclude that Plaintiff ever communicated to THA that he did not want to leave 31 Midland Place because of his level of comfort with the building; in fact, in his communications with THA, he repeatedly stated that he wanted to move to a first-floor apartment in 31 Midland Place, or a first-floor apartment at 25 Midland Place, a different building, and the only stated reason for his desire to move to one of those locations was what he termed “the step factor.” Thus, because Plaintiff never requested an accommodation based on his comfort level with 31 Midland Place, the THA Defendants cannot be held responsible for having failed to provide one. See Taylor v. Harbour Pointe Homeowners Ass’n,
The second reason for his refusal of the THA Defendants’ offer of the first-floor apartment at 4 Union Place that Plaintiff cited in his deposition was that he “can’t be around seniors on a constant basis,” and that although he “can go and visit them,” prolonged exposure makes him “claustrophobic” and “antsy.” (Logan Dep. Tr. 69-70.) Plaintiff suggested that his discomfort with the elderly is rooted in experiences that he endured when housed with a group of seniors during a period of physical rehabilitation, during which he “got very depressed, very, very depressed, to the point that [his depression] was affecting [his] rehabilitation].” (Id. at 70.) However, although Plaintiff claims that one of his doctors explained his discomfort with the elderly in a letter that the doctor wrote to THA at some indeterminate point in time, which may or may not have been after THA offered him the apartment at 4 Union Place, this letter does not appear anywhere in Plaintiffs or the THA Defendants’ submissions. One of the many med
Based on the foregoing, the Court concludes that Plaintiff has failed to raise a genuine issue of material fact as to whether the THA Defendants reasonably accommodated his request to be moved to a first-floor apartment with a minimal number of steps. The THA Defendants did so in March 2011, by offering Plaintiff and his family residence in a first-floor apartment at 4 Union Place that would have been even easier for Plaintiff and his elderly mother to access than the first-floor apartments at 31 Midland Place or 25 Midland Place.
The Court’s finding that the THA Defendants reasonably accommodated Plaintiff in March 2011 does not conclude its inquiry, as the THA Defendants may have first constructively denied his request for a reasonable accommodation through delay before ultimately granting it. See Bryant Woods Inn,
The Court first considers whether it is appropriate to consider the request for a reasonable accommodation that Plaintiff claims that he made on March 27, 1996, in assessing whether the THA Defendants’ behavior constituted a constructive denial of that alleged request. As noted, in his Amended Complaint, Plaintiff included what appears to be a letter to De Esso, in which Plaintiff noted that “[l]and-lord[s] are required to provide reasonable accommodation for tenants with ... disabilities so they may enjoy equal access to and use of housing,” characterized “the disability Act of 1987” and f*24 C.F.R. (Code of Federal Regulations), part 8” as relating to a “public housing authority[’s] responsibility to make facilities handicapped accessible,” and stated that he was “putting [De Esso’s] office on notice[] at THA.” (Pl.’s Ex. 7, at 6.) As an initial matter, there is a significant question as to whether this correspondence is sufficiently specific to count as a request for any kind of reasonable accommodation whatsoever, much less a request for a first-floor apartment. Cf. Tobin v. Liberty Mut. Ins. Co.,
Although the relevant cases make clear that determination of when a request for a reasonable accommodation is constructively denied by unreasonable delay is highly fact-specific, and is made on a case-by-case basis, the Court is not aware of any case in which a court has found that it took anywhere near as long as eleven years for such a constructive denial to occur. See, e.g., Scoggins,
Further, in his deposition, Plaintiff discussed at length the letter that he claims to have sent to De Esso in 1996, as well as other letters that he claims to have sent to
What is more, the document that appears in Plaintiffs submissions contains a handwritten revision, changing the date from which the document states that THA has had information related to Plaintiffs disability in its files from “1997” to “1988,” and also self-describes as “[rjevised.” (See Pl.’s Ex. 7, at 22.) As such, even assuming that Plaintiff sent some form of correspondence regarding his housing situation to THA in August of 2008, the Court has no way of knowing whether the document that Plaintiff included in his submissions is an accurate copy of what he sent. Cf. Prindable,
Some of these issues with the August 7, 2008 letter were the subject of the Order that the Court issued on May 14, 2014. (See Order (May 14, 2014) (Dkt. No. 86).) In that Order, the Court stated that “determining the dates on which Plaintiff claims to have requested any accommodation, as well as the dates on which Defendants claim to have received such requests, is a necessary step in resolving the THA Defendants’ Motion,” and “note[d] the presence in Plaintiffs submissions of what appears to be an August 7, 2008 letter from Plaintiff to Matveevskii,” as well as Plaintiffs WCHRC complaint. (Id. at 2.) The Court also drew the Parties’ attention to the absence of any allegation that Plaintiff sent the August 7, 2008 letter to THA “in any of the portions of Plaintiffs Amended Complaint that could be construed as narrative pleadings”; the fact that although the THA Defendants’ Motion for Summary Judgment “seem[ed] to proceed on the assumption that the relevant correspondence between the Parties began on or around July 2010, and that Plaintiff never sent and/or THA never received any August 7, 2008 letter, Plaintiff did not challenge that assumption in his Opposition”; and the fact that Plaintiff “did not mention this alleged 2008 correspondence” in his deposition, even when asked, “And so when did you notify Tuckahoe Housing Authority about the accommodation you needed?” (Id. at 3 (citations omitted).) The Court ordered Plaintiff and the THA Defendants to submit supplemental memo-randa of law “addressing the potential impact of Plaintiffs submission of the August 7, 2008 letter and his WCHRC complaint on the THA Defendants’ Motion,” specifically “in the context of case law, from within the Second Circuit and elsewhere,
But despite being presented with a clear opportunity to unequivocally state that he was in fact attempting to allege that he sent a letter requesting an accommodation to THA on August 7, 2008, Plaintiff failed to do so. The only correspondence that the Court has received from Plaintiff since it issued the Order is a May 21 letter, which contains a printout of “patient information” that Plaintiff apparently received from one of his treating physicians at the Lawrence Hospital Center, describing “Degenerative Disc Disease” and “Lumbar Radiculopathy, Sciatica,” as well as Plaintiffs prescriptions for percocet and robaxin; a June 2 letter, which contains a description of proceedings in Tuckahoe Village Court concerning an unrelated dispute over Plaintiffs lease; a June 8 letter, which is for the most part duplicative of other submissions that Plaintiff has made throughout the course of this Action; and a June 25 letter, which contains photographs of Plaintiffs “new condition,” an injury that Plaintiff claims to have suffered to his back. (See Dkt. Nos. 90-92.)
By contrast, in the Supplemental Reply Memorandum of Law that they submitted in response to the Order, the THA Defendants note the “overwhelming evidence in the record that neither THA nor Ms. Mat-veevskii ever received Plaintiffs purported August 7, 2008 letter”; that “[t]he August 2008 Letter is not date-stamped as having been received by THA, which signifies that THA does not have this letter in its possession and was not aware of Plaintiffs purported request in August 2008”; that in its answer to Plaintiffs WCHRC complaint, “THA denied that Plaintiff made such a request on August 7, 2008”; and that in correspondence with Plaintiff predating the instant litigation, THA had described “the very first request” for an accommodation that it had received from Plaintiff as a letter from one of Plaintiffs doctors that was delivered to THA on July 11, 2010. (THA Defs.’ Supplemental Reply Mem. of Law in Further Supp. of Mot. for Summ. J. (May 28, 2014) 1-3.) According to the THA Defendants, “[sjince neither THA nor Ms. Matveevskii ever received the August 2008 Letter, THA did not have knowledge of this purported request and thus, had no meaningful opportunity to consider such a request at that time,” which means that “the August 2008 Letter, which was not received by anyone at THA, did not trigger the reasonable accommodation requirement.” (Id. at 3.) Plaintiff has not refuted any of these assertions in subsequent, submissions to the Court.
In short, Plaintiff did not state in his Amended Complaint that he sent a letter requesting a reasonable accommodation to any of the THA Defendants on August 7, 2008. Nor did he do so in his deposition, even when asked a specific question about the issue. Nor did he do so in response to a Court Order specifically directing his attention to the matter. Based on all of the foregoing, the Court determines that Plaintiffs Amended Complaint does not allege that he made a reasonable-accommodation request on August 7, 2008, and as a result, the Court will not consider any such request in assessing whether a constructive denial occurred.
Moving forward chronologically, Plaintiff also submitted several other documents purporting to be letters to THA requesting a move to a first-floor apartment. (See, e.g., Pl.’s Ex. 8, at 1; id., at 2; PL’s Ex. 7, at 21.) In two of these documents, dated March 7, 2010, Plaintiff indicated his desire to be placed in a first-floor
As noted above, under some circumstances, courts have found plaintiffs’ requests for reasonable accommodations to have been constructively denied after delays approximating four months. See, e.g., Groome,
Here, there is insufficient evidence in the record to raise a triable issue as to whether the delays in this case were due to the THA Defendants’ “stonewalling” of Plaintiff or “short-circuiting” of the interactive process, see Astralis,
In fact, there is affirmative evidence of THA’s good faith in responding to Plaintiffs request. On August 5, 2010, THA offered Plaintiff a first-floor apartment at 12 Washington Street. (THA Defs.’ Ex. D, at 11.) However, it appears as though
There is a paucity of case law in the Second Circuit addressing the issue of constructive denial of a request for a reasonable accommodation under the FHA, Title II of the ADA, and the Rehabilitation Act. However, in Taylor v. The Housing Authority of New Haven,
[T]here is no evidence that [the defendant] delayed acting on [the plaintiffs] application in order to prevent her from moving, or with any motive to prevent a disabled Section 8 participant from obtaining housing. If, as the evidence suggests, [the defendant] failed to respond to [the plaintiffs] request because of bureaucratic incompetence, that fact— unlike in Groome, where the zoning board’s delay demonstrated an attempt to frustrate the plaintiffs purchase and operation of a group home—does not show violations of Section 504 or the FHAA, which are addressed to rules that hurt people with disabilities by reason of their handicap, rather than that hurt them solely by virtue of what they have in common with other people.*273 For these reasons, the Court concludes that Plaintiffs have not shown that [the defendant] denied [the plaintiff] a reasonable accommodation by failing to respond to her request for mobility counseling or search assistance in the two months between when she first requested it and the date she moved for a preliminary injunction.
Id. at 70 (citations, internal quotation marks, and alterations omitted).
As did the court in Taylor, the Court here finds that there is no evidence in the record to suggest that the delay between Plaintiffs accommodation request on March 7, 2010, and the THA Defendants’ initiation of an interactive process on July 15, 2010, which process eventually culminated in the satisfaction of Plaintiffs request, was at all due to any form of discriminatory intent, bad faith, or obstructionism on the THA Defendants’ part. As such, there is no triable issue as to whether the THA Defendants constructively denied any accommodation request that Plaintiff may have made. Therefore, because the Court finds that THA satisfied Plaintiffs reasonable-accommodation request, and that THA did not constructively deny that request beforehand, the Court grants the THA Defendants’ Motion for Summary Judgment as to Plaintiffs FHA, ADA, and Rehabilitation Act reasonable-accommodation claims.
c. Plaintiffs References to Other Federal Statutes
i. 21> C.F.R. § 8.22
Throughout his submissions, Plaintiff makes various references to 24 C.F.R. § 8.22, a HUD regulation that reads as follows:
(a) New multifamily housing projects (including public housing and Indian housing projects as required by § 8.25) shall be designed and constructed to be readily accessible to and usable by individuals with handicaps.
*274 (b) Subject to paragraph (c) of this section, a minimum of five percent of the total dwelling units or at least one unit in a multifamily housing project, whichever is greater, shall be made accessible for persons with mobility impairments. A unit that is on an accessible route and is adaptable and otherwise in compliance with the standards set forth in § 8.32 is accessible for purposes of this section. An additional two percent of the units (but not less than one unit) in such a project shall be accessible for persons with hearing or vision impairments.
(c) HUD may prescribe a higher percentage or number than that prescribed in paragraph (b) of this section for any area upon request therefor by any affected recipient or by any State or local government or agency thereof based upon demonstration to the reasonable satisfaction of HUD of a need for a higher percentage or number, based on census data or other available current data (including a currently effective Housing Assistance Plan or Comprehensive Homeless Assistance Plan), or in response to evidence of a need for a higher percentage or number received in any other manner. In reviewing such request or otherwise assessing the existence of such needs, HUD shall take into account the expected needs of eligible persons with and without handicaps.
24 C.F.R. § 8.22(a)-(c).
Specifically, Plaintiff claims that “THA has not complied to {See 21 C.F.R. § 8.22(c),) there are NO minimum of 5 percent of the total dwelling units, or at least one unit made accessible for a person with mobility impairment....” (Am. Compl. 6.) However, the Second Circuit held in Taylor that there is generally no private right of action to enforce HUD regulations.
Thus, because there is no private right of action to enforce 24 C.F.R. § 8.22, the Court dismisses any claims that Plaintiff is attempting to assert under that section. Cf. Boyle v. JP Morgan Chase Bank, No. 13-CV-454,
ii. The Privacy Act of 1971
Plaintiff also makes various references throughout his submissions to the Privacy Act of 1974, 5 U.S.C. § 552a. It is not entirely clear on what basis and against whom Plaintiff is attempting to assert this cause of action. However, at his deposition, Plaintiff explained the nature of his Privacy Act claims:
And your Mr. Zuckerman is doing gov- ' ernment business, he’s not a government employee, and he has no business in*275 Housing Authority business, writing letters on their behalf, harassing tenants. It’s a violation of my Privacy Act. Visiting people’s houses when there’s been damage done to them, he’s not authorized to do none of this. He was appointed by the Village of Tuckahoe, and he was—as a trustee for Tuckahoe Housing Authority. That means he’s our trustee on that trustee board, whether he’s the chairperson or what have you. Every day daily operations that has to do and involve HUD business, he has no business in it. It’s a violation of our Privacy Act.
(Logan Dep. Tr. 19-20.)
Later in his deposition, Plaintiff elaborated on these allegations, which apparently relate to Zuckerman’s alleged entry into his aunt’s apartment:
[Zuckerman] has no right, as the chairperson for the Housing Authority, because he’s appointed by the village, and not by HUD, knocking on a tenant’s apartment, you understand, that he has no—knows nothing about. That’s Iri-na’s responsibility. We pay her to get up off her hiney to walk down there to see the damages. She’s getting paid a hundred thousand dollars to see the damages that occurs in these buildings---- That’s her responsibility. That’s not Jeff Zuckerman’s responsibility. She’s the director.... [Zuckerman] got chased out of the building ... because he was harassing my aunt.... He has no business in that—in people’s apartment. He has no authorities.
(Id. at 26-28.)
Plaintiff also appears to be attempting to assert a separate Privacy Act claim in connection with THA’s alleged sale of a computer to De Esso upon De Esso’s retirement. At his deposition, in response to a question from counsel for the THA Defendants regarding the 1996 letter that Plaintiff claims that he sent to De Esso, Plaintiff stated the following:
[A]ll the paper copies of Tuckahoe Housing Authority was scanned onto a computer that was sold to Mr. De Esso when he retired from the Housing Authority, okay. And they did not take the hard drive out, Tuckahoe Housing Authority. And that’s why I got Mark Kamensky there, because he lied and said it was erased on tape. And I got a copy of the tape, because the tenants meeting used to be taped by the Village of Tuckahoe. And he said that the—on the first time he said that they erased all files on that computer. I notified the mayor. The mayor notified the people that they bought the computer from. The guy said he never erased nothing off of the laptop computer that was sold to Eric De Esso, which violates our Privacy Act in there. And we asked them for protection, and they did not respond. They did not give us protection for identity theft after the document, which is clearly all—all municipality—federal and municipality documents go into an auction, and they take out all hard drives prior to sales of it. And they did not do that at Tuckahoe Housing Authority, which they’re breaking the law. They’re breaking the law. And they got up and they all of 137 units, all their Social Security numbers, all their bank account numbers and everything, you understand. People had to scramble to get protection on their own for something that they-—that they, not allegedly, they did it. They illegally sold the computer.
(Id. at 25-26.)
Thus, it appears that Plaintiff is asserting his Privacy Act claims against Zuckerman, and potentially THA. However, the Second Circuit, “joining many of its sister Circuits, has ... held that the private right of civil action created by the
Accordingly, the Privacy Act does not apply to THA, as there is nothing in the record to suggest, and Plaintiff does not argue, that THA is a federal agency. See Hunter v. Underwood,
Plaintiff also make various statements throughout his Amended Complaint and Opposition that might be understood as relating to other possible federal causes of action. In each case, the allegations are confusing and threadbare, but even construing Plaintiffs submissions with all of the special solicitude due to a pro se litigant, the Court cannot conclude that they constitute attempts by Plaintiff to seek relief.
For example, at one point in his Amended Complaint, Plaintiff states that “[i]t is a sad moment in time, but an honest and ugly truth that ... we find PHA administration practicing DISCRIMINATION against a person of color, who happens to be a handicap living in THA.” (Am. Compl. 19.) Plaintiff also states that he, “the senior tenant in THA with over 14 year[s] of living” in THA housing, “could not get a disability apartment,” but “[a] white family move[d] into THA and, also in need of handicap accessible unit,” received one. (Id.) However, Plaintiff does not identify the “white family” in question, although it is possible that he is referring to “the Molinari family,” to which he makes reference elsewhere. (See id. at 20.) Additionally, in his Amended Complaint, Plaintiff refers to the Emancipation Proclamation, (see id. at 14); includes a quote about lynching, (see id.); and states that he was “stereo-typed by [his] ethnicity; the information is in [Matveevskii’s] office all she had to do was look,” (PL’s Ex. 5, at 11). Plaintiff further states that “Ms. Mat-veevskii has problem dealing with people of color.” (PL’s Ex. 7, at 2.) But nowhere does Plaintiff allege that he is actually asserting a race-based discrimination claim under any federal statute or other cause of action, an omission that stands in stark contrast to his myriad allegations that he is asserting disability-based discrimination claims under a variety of federal laws. Therefore, the Court does not interpret Plaintiffs Amended Complaint to assert a race-based discrimination claim. Should Plaintiff seek to assert such a claim in a subsequent version of his Amended Complaint, he may want to clarify and elaborate on the factual allegations that underpin it, or face the risk of dismissal for failure to state a claim.
The same holds true for any claims that Plaintiff may be attempting to assert under the Architectural Barriers Act, 42 U.S.C. §§ 4151-57, to which Plaintiff refers in conclusory fashion, (see Am. Compl. 7 (“The Architectural Barriers Act requires that buildings and facilities de
Plaintiff also references an event that he describes in the following manner:
On May 10, 2011 in the evening], three federal officers came directly to my apartment at 31 Midland Place, stating that a pet-filer was using my address for the pass 15 years. I have been living here in THA for over 26, years and mother for about 16 years) about the same time I began standing up for my rights under the ADA laws and filed a claim with the Human Rights Commission after being told time after time I don’t know what I am talking about) When asked if they had informed the Tuckahoe Police Department me and my family was told; they were federal officers and did not have notified Tuckahoe Police Department. The officers came armed with GUNS showing; looking for a pet-filer? If this person is so damages; could you please explain why there is still not a poster posted on this pet-filer, as of this date 5113/11 no posting in our building at 31 Midland Place about this so call pet-filer or on any polls on my block. Again my apartment was the only one out of 137 unit. We were later told by Tuckahoe Police Department Chief that all pet-filer, must be first report to the Police Department. The next the Tuckahoe Police Department Chief calls my mother and later told me that the call came from THA.
(Am. Compl. 24-25.)
Plaintiff does not “question the right [of] [Matveevskii] and [Zuckerman] ... [to] send[ ] Federal Investigators’ to [his] apartment,” but he claims that he and his mother “should [have] had some notice sent to [his] mother and [him] stating that [they] [were] under an Investigation for some kind of Housing rules and regulations.” (Id. at 16.) Instead, “they knock on my sister opens the door with three officers with guns out stating they didn’t need a warrant and they came from HUD looking for a pet-filer who has been living at this address for 16 years (Big miss stake); all pet-filer must first be report to Tuckahoe Police Department. They did not so after they left my mother ... called down to Tuckahoe Police Department, because now these HUD Federal Investigators’ were in violation of the village law.” (Id.) In another part of his Amended Complaint, Plaintiff suggests the type of action that he might be attempting to assert in connection with the federal investigators’ alleged actions:
As for Mr. Jeff Zuckerman and director Ms. Irene Matveevskii; my responsibility as a man is to protect my name, and stop people like Mr. Zuckerman and Ms. Matveevskii from Liable, SLANDER and with a large touch of DEFAMATION of character, these people sent FEDERAL INVESTIGATORS to my home. Out of 99 Units it was only my apartment did they come to; looking for a pet-filer. One thing went wrong with this action (Even if they had the right come to my apartment with guns out) they did not inform the Tuckahoe Police Department about the pet-filter. (The investigator Supervisor name is Stephen Perez) the phone call came from THA.
(Id. at 28.)
Plaintiff also cites to Section 228 of New York Public Service Law, N.Y. Pub. Serv. Law § 228, writing the following:
*279 A key fact the tenant’s must be notified prior that any said party would be enter my apartment at 31 Midland Place ... with a reasonable prior notice; Not any general un-Official notice put under every tenants door, and not on official THA paper heading paper; and never once referencing a pet-filer. Under Public Service Law 228 THA abused their limited power and had NO right to harass my mother, Ms. Annie Logan Gunther, she 85 years old and myself as tenants of THA[.]
(Pl.’s Ex. 1, at 3.)
Thus, the best reading of Plaintiffs Amended Complaint is that he is asserting a cause of action in relation to these alleged events not against the federal investigators for an illegal search, nor even against the THA Defendants for causing an illegal search, but against the THA Defendants either for some type of privacy violation under Section 228, or for libel, slander, and defamation, which in either case Would be based in state and not federal law. However, should Plaintiff seek to assert causes of action against the federal investigators or the.THA Defendants in connection with these alleged events under the Fourth Amendment of the United States Constitution or any other federal statute, he may amend his Complaint to do so.
Lastly, Plaintiff alleges throughout his submissions that the THA Defendants denied him a “formal hearing.” (See, e.g., Am. Compl. 5 (“FORMAL HEARING denial”)); id. at 15 (“For over the, passed three years, THA personnel have denial me a Fair Hearing for grievances.”); id. at 19 (“But, a over site of 14 years of requesting handicap dwelling, after asking for a formal hearing; I have grievances against THA policies for not following the 24 C.F.R. and the 2003 mandate section of 504. In the pass 3 years I been applying for a formal hearing, but Mr. Jeff Zucker-man chairperson and the director Ms. Irene Matveevskii, have been denying a formal hearing.’’)-, id. at 28 (“Because in my response to Jeff Zuckerman, I clearly state that if what he said is the truth, then grant me a formal hearing which I am entitle to under the Tenant Right Guide under 24 C.F.R. § 8.3, WHICH STATES REGULATORY DEFINITION, and then we will see who’s facts will stand the test of truth.”); Pl.’s Ex. 5, at 11 (“I wrote the Broad of Commissioner and Ms. Irina Matveevskii Executive Director of THA requesting a Formal Hearing regarding the New HUD Community Program for residents ... Which clearly exempt me from this program under article 15.4 of HUD Law.”); Pl.’s Ex. 9, at 16-17 (“As far as the meeting set on April 15, 2010 as you mentioned, it was not a formal hearing as requested. A formal hearing was requested after being ignored and overlooked on several occasions. As a tenant of the Tuckahoe Housing Authority, I exercised my rights to request a formal hearing, as of this date, I have not been given a formal hearing. The word formal tends to be overlooked.”); Pl.’s Ex. 12, at 20 (“As per our conversation on April 20, 2011 on, or about 11:45 AM this morning, about THA practices concerning TENANT RIGHTS. That deals with HUD and THA interpretation on FORMAL HEARING vs. informal hearing. Our THA tenants are entitle to a fair hearing[.] Once a tenant files a formal complaint against THA in an official letter, requesting a FORMAL HEARING
However, it is unclear on what basis Plaintiff claims to have had a right to such a hearing in the first place, and what the subject of such a hearing would have been. The only indication of the basis on which Plaintiff claims to have had such a right appears in Plaintiffs assertion that he is entitled to a formal hearing “under the Tenant Right Guide under 24 C.F.R. § 8.3, WHICH STATES REGULATORY DEFINITION....” (Id. at 28.) However, to the extent that THA’s Tenants’ Rights Guide confers substantive rights on THA tenants, Plaintiff does not explain why a cause of action asserted on the basis of an alleged breach of those rights would arise under federal law, instead of under a state law breach-of-contract theory, or in a proceeding under Article 78 of New York’s Civil Practice Laws and Rules. The HUD regulation to which Plaintiff cites, 24 C.F.R. § 8.3, provides a list of definitions “used in this part” of the regulations, but does not mention formal or informal hearings or tenants’ rights guides at all. See 24 C.F.R. § 8.3.
To the extent that Plaintiff believes that he has a cause of action against the THA Defendants or any other parties for their alleged denial of his requests for a formal hearing that arises under federal law, he may amend his Complaint to explain the source of federal law that supposedly provides that right, as well as specify precisely when he requested such a formal hearing, to what subject such request related, and how the THA Defendants or other parties improperly denied his request. But until Plaintiff does so, the Court is unable to comprehend the nature of his claim. Therefore, any claim that Plaintiff is attempting to assert on the basis of the THA Defendants’ alleged denial of his request for a formal hearing is dismissed without prejudice. Cf. Marshall v. Nat’l Ass’n of Letter Carriers BRS6, No. 03-CV-1361,
B. The HUD Defendants’ Motion to Dismiss
1. Construing Plaintiffs Claims
Although the main thrust of Plaintiffs Amended Complaint is directed at the THA Defendants, it also names the HUD Defendants, against whom Plaintiff appears to be attempting to assert claims for failing to investigate Matveevski’s and Zuckerman’s qualifications for their current positions and the reason why Mat-veevskii left her prior position, as well as allowing allegedly unqualified people to manage THA, (see Am. Compl. 16 (“Asking for an investigation of Ms. Irene Mat-veevskii the direct of THA qualifications, and why she left Greenburgh Housing will not give out FOIL data other then she worked there for 11 months. What is HUD hiding from the Tenant of THA; everytime I asked I am being blocked by Mr. Jeff Zuckerman, or Mark Kamensky? Jeff Zuckerman; about Ms. Irene Mat-veevskii who’s the director of THA don’t
Plaintiffs claims against the HUD Defendants are thus most charitably construed as claims for negligent hiring, negligent supervision, negligent investigation, and general negligence, all of which sound in tort, and all of which are therefore governed by the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 1402(b), 2401(b), and 2671-2680 (“the FTCA”). See Junior v. City of New York Hous. Pres. & Dev. Corp., No. 12-CV-3846,
2. Standard of Review
a. Rule 12(b)(1) of the Federal Rules of Civil Procedure
The HUD Defendants move to dismiss Plaintiffs Amended Complaint under Rule 12(b)(1) of the Federal Rules of Civil Procedure. (See HUD Defs.’ Mem. 6-9.)
As was true in the context of analyzing the THA Defendants’ Motion for Summary Judgment, here, because Plaintiff proceeds pro se, the Court must “construe[] [his] [complaint] liberally and interpret[ ] [it] to raise the strongest arguments that [it] suggests],” Sykes,
b. The Federal Tort Claims Act
“The Federal Tort Claims Act ... provides that a suit against the United States is the exclusive remedy for a suit for damages for injury resulting from the negligent or wrongful act or omissions of any employee of the Government while acting within the scope of his office or employment.” Bearam v. Sommer, No. 12-CV-1858,
The FTCA also states that, “[u]pon certification by the Attorney General of the United States that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose,” “the United States sháll be substituted as the party defendant” “in any civil action or proceeding.” 28 U.S.C. § 2679(d)(1); see also Qian Jin Lin v. Anderson, No. 12-CV-451,
The FTCA further provides that, “[b]efore instituting a claim against the United States for money damages for injury caused by the negligent or wrongful act or omission of any employee of the Government, a claimant must have first presented the claim to the appropriate federal agency and his claim shall have been finally denied by the agency in writing, or the agency must have failed to dispose of a claimant’s claim within six months after it was filed.” Bearam,
Because the FTCA’s exhaustion requirement is “jurisdictional and cannot be waived,” Bearam,
This rule applies equally even where a plaintiff has presented a claim to the relevant agency after the filing of the complaint in the district court, but before the district court has ruled on a defendant’s motion to dismiss that complaint. See, e.g., Gonzalez v. Fallon, No. 98-CV3505,
3. Analysis
As an initial matter, as per the request of the HUD Defendants, (see HUD Defs.’ Mem. 5), and as required by the FTCA, (see 28 U.S.C. § 2679(d)(1), (3)), the United States is hereby substituted as the party defendant for the HUD Defendants. The HUD Defendants “intend! ] for [the] Memorandum of [L]aw” that they submitted in support of their Motion To Dismiss “to serve as a petition to certify that [the HUD] [Defendants were employees ... acting within the scope of their employment” at the time of the incident out of which the claim arose, (see HUD Defs.’ Mem. 5 n. 4), and the law permits their Memorandum of Law to serve that function, see B & A Marine Co.,
Having substituted the United States as the proper Defendant, the Court finds that any tort claims against the United States that Plaintiff is attempting to assert must be dismissed for lack of jurisdiction. The HUD Defendants have submitted a declaration demonstrating that Plaintiff first attempted to submit a claim to HUD related
Accordingly, Plaintiffs claims against the United States are dismissed without prejudice, as he failed to “first present[] [his] claim to the appropriate Federal agency” before filing his Amended Complaint. 28 U.S.C. § 2675(a) (emphasis added); see also Johnson v. Smithsonian Inst.,
C. Plaintiffs Remaining State Law Claims
The Court has granted summary judgment to the THA Defendants on Plaintiffs FHA, ADA, and Rehabilitation Act reasonable-accommodation claims; granted the HUD Defendants’ Motion To Dismiss all tort claims asserted against them on the basis of Plaintiffs failure to exhaust his administrative remedies prior to filing his Amended Complaint; and dismissed without prejudice any other federal causes of action that Plaintiff may be attempting to assert, for a variety of reasons described above. This leaves only Plaintiffs state law claims, which are scattered across his submissions, and which appear to be based on theories of defamation, slander, or libel, as well as breach of contract.
“[A] district eourt[ ] may decline to exer- ■ cise supplemental jurisdiction over” related state-law claims that form part of the same case or controversy under Article III of the United States Constitution “if ... the district court has dismissed all claims over which it has original jurisdiction.... ” 28 U.S.C. § 1367(c)(3). “Once a district court’s discretion is triggered under § 1367(c)(3), it balances the traditional val
III. CONCLUSION
For the foregoing reasons, the THA Defendants’ Motion for Summary Judgment is granted as to Plaintiffs reasonable-accommodation claims under the FHA, the ADA, and the Rehabilitation Act. Any other claims that Plaintiff may be attempting to assert against the THA Defendants are dismissed without prejudice, for the reasons set forth in this Opinion. Additionally, the HUD Defendants’ Motion To Dismiss is also granted. Any claims that Plaintiff may be attempting to assert against the United States, as the party properly substituted for the HUD Defendants pursuant to the FTCA, are dismissed without prejudice.
Plaintiff may file a Second Amended Complaint within 30 days of the issuance of this Opinion, which Complaint may address the deficiencies that the Court has identified. Given that the Court has already granted Plaintiff leave to file an Amended Complaint once, and that the Court has granted summary judgment on the claims that appear to have been at the heart of Plaintiffs Amended Complaint, should Plaintiff fail to file a Second Amended Complaint within 30 days of the issuance of this Opinion, or should whatever claims Plaintiff chooses to assert in a Second Amended Complaint be deficient for the same reasons described in this Opinion, the Court may dismiss any federal claims that Plaintiff asserts with prejudice. See McGee v. Pallito, No. 10-CV-11,
Additionally, should Plaintiff choose to file a Second Amended Complaint, he is respectfully requested to clearly state the sources of law on which the claims that he asserts therein are based, and to limit his factual allegations to a reasonable length. While the Court will not impose a page limit, Plaintiff should keep in mind that Rule 8 of the Federal Rules of Civil Procedure requires only “a short and plain statement of the grounds for the court’s jurisdiction,” “a short and plain statement of the claim showing that the pleader is entitled to relief,” and “a demand for the relief sought,” Fed.R.Civ.P. 8 (emphasis added), and that the Second Circuit has suggested that a district court has the “power to dismiss a ... complaint without
Should Plaintiff choose to file a Second Amended Complaint, Defendants will be given 20 days either to answer the operative complaint or to file a pre-motion letter. The Clerk of the Court is respectfully directed to terminate the pending Motions. 0See Dkt. Nos. 56, 61.)
SO ORDERED.
Notes
. Defendant Mark Kamensky was improperly named on the docket as “Mary Kamensky,” and Defendant Mirza Orriols was improperly named as "Mirzal Negron Morales” in Plaintiff’s Amended Complaint. (See HUD Defs.' Mem. of Law in Supp. of Mot. to Dismiss ("HUD Defs.' Mem.”) 1.) The Court will refer to these individuals by their correct names throughout this Opinion.
. Plaintiff’s Amended Complaint is a long compilation of allegations, sections of various federal and state statutes, medical records, filings in related lawsuits, and other documents of questionable relevance. Plaintiff’s Amended Complaint is also unpaginated, and it is unclear which pages of his filing are intended to be the Amended Complaint itself, and which are intended to make up any exhibits that he might have sought to attach thereto. All told, Plaintiff’s Amended Complaint runs to 330 pages in length. For ease of reference, and in accordance with the manner in which the Clerk’s Office docketed Plaintiff’s submission upon its receipt, the Court will refer to the first 33 pages of Plaintiff's submission as his Amended Complaint, and will refer to the subsequent parts of his submission as numbered exhibits, such that what the Court refers to as "Exhibit 7” is titled "Part 7” on the docket. (See Dkt. No. 21.)
. There are several handwritten notes included in the version of the document that Plaintiff submitted. The author of the notes crossed out "Broad,” substituting "Board,” and added “al” to the word "form,” such that it reads "formal” instead of "form.”
. Plaintiff also submitted additional letters from other doctors in his Amended Complaint, including two from Dr. Stephen War-shafsky, dated August 7, 2009, and June 16, 2011, in which Dr. Warshafsky wrote that, due to Plaintiff's medical condition, it would
. Matveevskii’s description of Plaintiff’s telephone call and subsequent letter confirming his lack of interest in the apartment as having occurred on "August 6, 2011” and "August 27, 2011” appears to have been due to typographical errors. The dates should most likely read August 6, 2010 and August 27, 2010, given their placement in Matveevskii’s chronology, and given that Matveevskii wrote the letter in which she lists those dates on June 22, 2011, before the dates that she listed had occurred.
. No party has provided a copy of the November 6, 2011 letter from Plaintiff to which Matveevskii refers.
. Throughout Plaintiff's Amended Complaint, Plaintiff often makes the same allegations multiple times, frequently employing the same language that he has earlier used. For example, the passage described above also appears at pages 24 and 32 of Plaintiff's Amended Complaint. (See Am. Compl. 24, 32.) Generally, the Court will cite to only the first time that a given allegation appears in Plaintiff's submissions.
. Plaintiff submitted his Opposition in binder form, with its various sections separated by lettered tabs. For the sake of convenience, and in keeping with the manner in which the Court has been referring to Plaintiff's Amended Complaint, the Court will refer to these tabs as exhibits, such that the Court will refer to "Tab E” as "Exhibit E.” (See Dkt. No. 89.)
. To the extent that Plaintiff makes reference to racial discrimination in his submissions, the Court will address the import of those references in a subsequent section of this Opinion.
. As noted above, Plaintiff sought his move to minimize the number of steps required to access his apartment. In other words, the "reasonable accommodation" that he requested was a move to a first-floor apartment with the fewest possible number of steps. Because in making this request Plaintiff suggested that he be moved to a first-floor apartment in 31 Midland Place, the building in which he lived at the time, or a first-floor apartment in 25 Midland Place, a different building altogether, the Court need not address whether THA would have been required to accommodate a request to stay in the same building, had Plaintiff made one. With that being said, the Court notes that there is at least some case law indicating that a landlord may satisfy a request under the FHA for reasonable accommodation based on a tenant’s handicap by offering the tenant housing in a different building from the one in which the tenant is living at the time. See Congdon v. Strine,
. The application of the continuing-violation doctrine could prevent the relevant limitations periods from barring the Court’s consideration of Plaintiff's alleged 1996 request, but the Court is unaware of any authority suggesting that this doctrine would apply here. A recent FHA case from the Fourth Circuit provides useful guidance. In Scoggins v. Lee’s
On appeal, the Fourth Circuit affirmed. "In reaching [that] conclusion,” the court "agree[d] with the district court's determination that the verbal inquiries made by the plaintiffs in 2003 and 2007 [were] barred from consideration in determining ripeness, because those requests were made outside the two-year statute of limitations,” and further determined that the "oral requests also [did] not qualify for consideration pursuant to the 'continuing violation’ doctrine, under which acts occurring outside the statute of limitations may be considered when there is a 'fixed and continuing practice' of unlawful acts both before and during the limitations period,” as "the board’s failure to act on [the requests] did not constitute a 'fixed and continuing practice.’” Id. at 271. Thus, the practical effect of the court's decision was to find that the district court had not been entitled to consider the 2003 and 2007 requests in determining whether the homeowners association had constructively denied the plaintiffs’ request for a modification. In fact, in the same opinion, the court found that the homeowners association had constructively denied a related accommodation request that the plaintiffs had made in 2009, in which they had requested that their son be permitted to use an all-terrain vehicle in the subdivision in which they lived. Id. at 272-73. Applying Scoggins to the instant Action, the Court concludes that the continuing-violation doctrine does not allow for consideration of Plaintiff’s alleged 1996 request. Cf. Elmenayer v. ABF Freight Sys., Inc.,
. In further support of the Court’s determination that Plaintiff's Amended Complaint does not allege that he made a reasonable-accommodation request on August 7, 2008, neither of the two March 7, 2010 documents refer to any correspondence from August 2008 seeking a first-floor apartment. (See Pl.’s Ex. 8, at 2; PL’s Ex. 7, at 21.) Moreover, in his submissions, Plaintiff has attached copies of return receipts, presumably to establish that he sent certain correspondence to THA, including receipts for the March 7, 2010 documents, (see PL’s Ex. 7, at 14-15), but he did not provide any such receipts for any August 2008 correspondence.
. The Second Circuit affirmed. See Taylor,
. In a single passage in his Opposition, Plaintiff requests that the Court order the THA Defendants to "construct accessible apartment entrance and apartments at Stanford Gardens to provide the Logan, Gunther family with meaningful access to their apartment,” and "mak[e] the Logan, Gunther family apartment, an equivalent three-bedroom apartment in Stanford Gardens fully handicapped accessible, including, but not limited to ... widening the hallways; ... widening the doorway ... [,] providing any such relief as is required to bring the apartment into compliance with HUD regulations [.]” (See Pl.'s Opp., at Ex. E.) However, Plaintiff did not request such relief anywhere in his Amended Complaint or the exhibits attached thereto. See Big Vision Private Ltd. v. E.I. DuPont De Nemours & Co.,
. The only possible exception to the general rule that the Privacy Act of 1974 does not apply to state and local government agencies arises in connection with Section 7 of the statute, which makes specific reference to such entities:
(a)(1) It shall be unlawful for any federal, state, or local government agency to deny any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to—
(A) any disclosure which is required by federal statute, or
*277 (B) the disclosure of a social security number to any federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual
(b) Any federal, state, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.
Pub.L. No. 93-579, 88 Stat. 1896, 1909 (1974) (emphasis added).
However, because Plaintiff does not claim that he was "denfied] ... any right, benefit or privilege provided by law because of [his] refusal to disclose his social security account number,” or that THA or Zuckerman requested that he “disclose his social security account number” without “informfing] [him] whether that disclosure [was] mandatory or voluntary, by what statutory or other authority such number [was] solicited, and what uses [would] be made of it,” Section 7 is inapplicable here.
. The Court does not, based on these allegations, understand Plaintiff to be asserting a cause of action against the THA Defendants or anyone else for retaliation under the disability statutes on which his Amended Complaint is based, given that Plaintiff does not claim to be doing so anywhere in his submissions.
. The HUD Defendants also move to dismiss Plaintiff’s Amended Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (See HUD Defs.' Mem. 12-13.) However, the Court need not address that argument because, as discussed below, it finds that it lacks subject-matter jurisdiction over Plaintiff’s claims. See Li v. I.N.S., No. 00-CV-7868,