A plaintiff commenced an action against a cooperative housing corporation (co-op), its managing agent and others, alleging that they had violated the Federal Fair Housing Act, 42 U.S.C. §3604 (FHA), and various state laws. The defendants moved to dismiss the complaint. The court denied the motions to dismiss.

The plaintiff had signed a contract to purchase a co-op apartment for $200,000, “to be paid in cash.” The contract was subject to approval of the co-op’s board of directors (Board). The plaintiff had submitted an application to the Board, meeting “all of the requirements listed in the application package.”