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Byrd v. Dunn Towers I Apt's

Rental's Denial Due to 'Negative Credit History' Not Shown a Pretext for Discrimination

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DECISION AND ORDERI. Background

*1Proceeding pro se, Vickie Dianne Byrd (“Plaintiff”) instituted this action against defendants “Dunn Towers I, Apt’s” and “Dunn Towers I Apartments” (collectively, “Dunn Towers I”) and Phillipone Realty, Inc. (“Phillipone”) by filing a complaint (Dkt #1) dated December 1, 2016, alleging that defendants violated the Fair Housing Act, 42 U.S.C. §3601 et seq. (“FHA”) and generally discriminated against her on the basis of disability. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §1331. By Decision and Order dated November 15, 2017, the Court converted Dunn Towers I’s pre-answer Motion to Dismiss into a Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Rule 56″). Also in the November 15th Decision and Order, the Court converted Phillipone’s Answer with its attached exhibits into a Rule 56 motion for summary judgment. Plaintiff was served with a copy of the Western District of New York’s Rule 56 Notice to Pro Se Litigants, in accordance with

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