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Katz v. New York City Hous. Pres. & Dev.

Housing Claim Dismissed for Failure to Allege Discrimination Based on Familial Status

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ORDER AND OPINION Chaim Y. Katz (“Chaim”) and Chana Katz (“Chana” and, together, “Plaintiffs”) bring this lawsuit against the New York City Department of Housing Preservation and Development (“HPD”), the New York City Housing Development Corporation (“HDC”), Site 5 Residential Owner LLC (“Site 5″), C&C Apartment Management LLC (“C&C”), and NRT New York LLC doing business as Citi Habitats (“Citi Habitats” and, collectively, “Defendants”). ECF No. 99 (the “Amended Complaint” or “Am. Compl.”). Plaintiffs allege that Defendants discriminated against them in connection with two affordable-housing applications. Plaintiffs assert claims under the Fair Housing Act, 42 U.S.C. §3601 et seq. (the “FHA”), the New York State Human Rights Law, 15 N.Y. Exec. Law §290 et seq. (the “NYSHRL”), and the New York City Human Rights Law, N.Y.C. Admin. Code §8-101 et seq. (the “NYCHRL”). Am. Compl.

71-93. Defendants have filed motions to dismiss the Amended Complaint under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF Nos. 104 (“City Br.”), 106 (“Essex Br.”), 108 (“Citi Habitats Br.”). Plaintiffs oppose these motions. ECF No. 112 (“Opp.”). As set forth below, Defendants’ motions are GRANTED. BACKGROUND I. Factual Allegations The Court accepts as true the following facts (taken principally from the Amended Complaint) and draws all reasonable inferences in Plaintiffs’ favor. Francis v. Kings Park Manor, Inc., 992 F.3d 67, 72 (2d Cir. 2021) (en banc). Plaintiffs are a married couple whose families have a long history of living on the Lower East Side of Manhattan. Am. Compl.

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