MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff CNY Fair Housing, Inc. commenced this action on November 10, 2021, against Defendants Swiss Village, LLC (“Swiss Village”), The Alps at Swiss Village, LLC (“The Alps”), and Jill Butler (“Butler”) for violations of the Fair Housing Act of 1968 (“FHA”) and New York State Human Rights Law (“NYSHRL”). See Dkt. No. 1. Currently before the Court is Defendants’ pre-answer motion to dismiss the complaint. See Dkt. No. 15. For the reasons that follow, Defendants’ motion to dismiss is denied. II. BACKGROUND According to Plaintiff’s complaint, Swiss Village and The Alps are domestic limited liability companies with their principal offices located in DeWitt, New York. See Dkt. No. 1 at
9-10. Swiss Village owns and manages Swiss Village Apartments, a 201-unit apartment complex located in DeWitt, and The Alps owns and manages The Alps at Swiss Village, a 30-unit apartment complex located adjacent to the Swiss Village Apartments. See id. Defendant Butler is a leasing agent for Swiss Village and The Alps. See id. at 11. Butler’s duties include responding to inquiries from prospective tenants, approving rental applications, and executing leases on behalf of the other Defendants. See id. Plaintiff is a non-profit organization incorporated under New York State law who is “dedicated to eliminating housing discrimination, promoting open communities, and ensuring equal access to housing opportunity for all people in Central and Northern New York.” Id. at 5. In May 2019, a client of a nonparty organization named Rescue Mission Alliance (“RMA”),1 called Swiss Village Apartments to inquire about available apartments. See id. at 12. The client’s primary language was Spanish, so an RMA caseworker took over the call after the client had difficulty communicating with the rental agent who answered the phone. See id. The rental agent then asked the RMA caseworker whether his client would have an English-speaking individual living with the client. See id. When the RMA caseworker responded that the client would not, the rental agent told the RMA caseworker that his client would need to live with someone who speaks English in order to rent at Swiss Village Apartments. See id. The RMA caseworker explained that he was bilingual and would be available to assist with translation or interpretation as needed, but the rental agent insisted that the client must live with an English-speaking individual, and the call ended shortly thereafter. See id. The RMA caseworker then informed Plaintiff that Swiss Village Apartments had refused to rent to his client based on her limited English proficiency (“LEP”). See id. at 13. In response, Plaintiff determined that it would conduct “audit testing”2 on Defendants “to confirm whether Defendants refused to rent to prospective tenants with [LEP] or otherwise treated individuals differently based on their ability to speak English.” Id. at
