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Scott E. Mollen Scott E. Mollen

Co-ops—Buyer Failed to Show Co-op Rejected Him Based on Bias Against A Mexican-American—Fair Housing Act—Civil Rights Act of 1866—New York Executive Law—NYC Administrative Code and New York Civil Rights Law

A plaintiff sued a cooperative corporation (co-op), and members of its board of directors (board or defendants). He alleged that the defendants rejected his application to purchase a cooperative apartment because he is Mexican-American. He asserted violations of the Fair Housing Act (FHA), 42 U.S.C. §3601 et seq., the Civil Rights Act of 1866, 42 U.S.C. §1982, NY Exec. Law (NYSHRL) §296(5)(a)(2), NYC Admin. Code (NYCHRL) §8-107(5), and NY Civil Rights Law (NYCRL) §19-a.

The plaintiff originally brought public accommodation and housing discrimination claims “under a disparate treatment and a disparate impact theory.” A first amended complaint (FAC) was dismissed without prejudice. The plaintiff had filed a second amended complaint (SAC). Thereafter, the court dismissed the disparate impact and public accommodation claims, but sustained remaining claims. The subject decision addressed the defendants’ motion for summary judgment and motion to strike certain declarations filed by the plaintiff. The court granted the defendants’ motion to strike in part and motion for summary judgment in its entirety.

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