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Fair Housing Justice Center Inc. v. JDS Development LLC

FHA's Two-Year Limitation Period Did Not Begin Until Defects' 2018 Encounter, Suit in 2019

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OPINION AND ORDER   This motion to dismiss raises the question of when the limitations period starts to run for Fair Housing Act (“FHA”) disability discrimination claims premised on that law’s requirement that “the design and construction of covered multifamily dwellings” meet certain accessibility requirements. 42 U.S.C. §3604(f)(3)(C). Plaintiff, Fair Housing Justice Center, Inc., sent testers to a residential building developed by Defendant Property Markets Group, Inc. (“PMG”) and others. Compl. 42, ECF No. 94. Plaintiff claims that those testers discovered a number of features of the building that were not compliant with the FHA, as well as the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §209 et seq., and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code §8-107 et seq. Id.

43, 50-54, 60-65, 69-75. PMG moves to dismiss the amended complaint solely on statute of limitations grounds, arguing that the statute of limitations for any design-or-construction claim under those laws runs from the date that the last unit in the building was rented or sold. ECF No. 110; Def. Mem. at 2, ECF No. 111. But that position is not consistent with the text, background, and purpose of the FHA, and is contrary to state and local law. Accordingly, for the reasons stated below, PMG’s motion is DENIED. BACKGROUND The following facts are drawn from Plaintiff’s amended complaint, and accepted as true for the purposes of this motion. See Doe v. Columbia Univ., 831 F.3d 46, 48 (2d Cir. 2016) (“On a motion under Rule 12(b)(6) to dismiss a complaint for failure to state a claim, the only facts to be considered are those alleged in the complaint, and the court must accept them, drawing all reasonable inferences in the plaintiff’s favor, in deciding whether the complaint alleges sufficient facts to survive.”). 202 8th Street (the “Park Slope Building”) is a 12-story, 51-unit rental residential building in Park Slope, Brooklyn. Compl.

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