273 Lee Avenue Tenants Assocation, an unincorporated association, by and in the name of its President, Cindy Sanchez, and members Sara Oyola and Kathleen Santiago, Plaintiffsv.Naftali Steinmetz and 273 Lee Realty, LLC, Defendants
DECISION & ORDER Cindy Sanchez and Sara Oyola, as represented by the 273 Lee Avenue Tenants Association (the “Tenants Association”) (collectively, “Plaintiffs”)1-raise federal and state claims of housing discrimination against the landlord, Naftali Steinmetz, and his associated legal entity, 273 Lee Realty, LLC (together, “Defendants”). Defendants now move under Rule 56 of the Federal Rules of Civil Procedure for summary judgment on all claims based on (1) res judicata and collateral estoppel, (2) statute of limitations, (3) failure to state a claim, and (4) no genuine disputes as to any material facts. For the reasons that follow, Defendants’ motion is GRANTED in part and DENIED in part. BACKGROUND AND PROCEDURAL HISTORYThe following facts, drawn from the parties’ Local Rule 56.1 Statements, declarations, deposition testimony and other evidence submitted in support of the motion, are undisputed or described in the light most favorable to Plaintiffs, the non-moving party.2 See Fed. R. Civ. P. 56(c); Capobianco v. City of New York, 422 F.3d 47, 50 n. 1 (2d Cir. 2005).I. Factual BackgroundPlaintiffs Cindy Sanchez and Sara Oyola are or were long-time residents of rent-stabilized apartments at 273 Lee Avenue in the South Williamsburg neighborhood of Brooklyn, New York (the “Building”). Pls.’ Rule 56.1 Statement (“Pls.’ Facts”)1, ECF No. 99-1. Oyola occupied apartment 1L; Sanchez occupies apartment 3L; and former plaintiff Kathleen Santiago occupied apartment 1R. Id.28. The Tenants Association is an unincorporated association purportedly comprised of Sanchez, Oyola, Santiago, and their families. Defs.’ Rule 56.1. Statement of Undisputed Facts (“Defs.’ Facts”)2, ECF No. 96-2. The Tenants Association was founded in 1998 by a group of the Building’s Latino tenants with the goal of “establish[ing]…a functioning landlord-tenant relationship [and]…ensuring the habitability and proper maintenance of their building and their homes.” Compl.20, ECF No. 1. Beginning in or about 2001, Latino members of the Tenants Association began to move out of the Building, either of their own volition or after accepting buy-outs “after years of not getting repairs made to their apartment[s].” Id.
