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Jones v. The Ass'n for Rehabilitative Case Mgmt. & Supported Housing Program Inc.

No Judgment in Housing Court Implicates 'Rooker-Feldman' so as to Dismiss Bias Claims

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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS   Plaintiff Hope Jones brings this action against Defendant, the Association for Rehabilitative Case Management and Supported Housing Program, Inc (hereinafter “ACMH”). The Plaintiff alleges that Defendant discriminated against her on the basis of her disability, in violation of the Fair Housing Act, the Americans with Disabilities Act, the New York State Human Rights Law and the New York City Human Rights Law, the Regulations of the New York State Office of Mental Health, and contracts between ACMH and various city agencies. Plaintiff seeks declaratory relief and injunctive relief, as well as damages, attorneys’ fees, and costs, pursuant to 42 U.S.C §12205; 42 U.S.C §3613(c); and the New York City and New York State Human Rights Laws. Currently before the court is Defendants’ motion to dismiss for lack of subject matter jurisdiction made pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons set forth below, this court has subject matter jurisdiction over the claims asserted by Plaintiff; Defendant’s motion to dismiss is denied. I. Factual Background Plaintiff Hope Jones is a mentally and physically disabled resident of a housing facility that is part of defendant’s Supported Apartments Program (“Supported Housing”) serving adults who have been diagnosed with serious mental illness. (Complaint, 58, Dkt. No. 1). Defendant, a non-for-profit entity, operates the Supported Apartments Program under contract with the New York State Office of Mental Health. (Compl., 31). ACMH leases apartments from building landlords as a tenant, and subsequently subleases to individuals who become part of Defendant’s Housing Program. (Id.). Pursuant to its contract with the New York State Office of Mental Health, defendant received funding from the New York State Office of Mental Health and the New York City Department of Health and Mental Hygiene to operate its Housing Programs. (Compl.,

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