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U.S. v. Overcoming Love Ministries Inc.

Breach of Deed's Conditions Subsequent Caused Property to Revert to Government

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MEMORANDUM AND ORDER Plaintiff United States of America brings this action against Overcoming Love Ministries, Inc. (“OLM”) pursuant to New York State property law. Presently before the Court is Plaintiff’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 seeking a declaration that it has exclusive title to the property at issue. Based on the submissions of the parties, and for the reasons stated below, Plaintiff’s motion is GRANTED in its entirety.BACKGROUNDThe parties attest that none of the material facts of this case are in dispute. (See Dkt. No. 29-2 (Joint 56.1 Statement).) The McKinney-Vento Homeless Assistance Act (the “Act”) allows the government to identify surplus and under-used public property, which can be transferred to eligible parties for the purposes of providing “certain homeless assistance purposes.” Joint 56.1 Statement 3; 42 U.S.C. §11301, et seq. After application and approval processes that began on February 20, 2007, the United States conveyed property located at 5 32nd Street, Brooklyn, New York (the “Property”), to OLM pursuant to the Act via quitclaim deed (the “Deed”) on August 12, 2011. (Joint 56.1 Statement

5-19.) OLM’s approved program would convert the Property into a 200-unit supportive housing facility for homeless families. (Id. 6.)The Deed contains certain conditions subsequent that, if breached, result in the automatic reversion of the Property back to the United States. (Id.

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