The following e-filed papers read herein: NYSCEF Doc No.: Notice of Motion, Supporting Affirmations/Affidavits, Memorandum of Law, and Exhibits Annexed 32-35 Memorandum of Law in Opposition 51 Reply Memorandum of Law 53 Surreply Memorandum of Law 55 DECISION AND ORDER In this action (among other things) to recover damages for housing discrimination based on “lawful source of income” in violation of New York City Administrative Code §8-107 (5) (a) (1) (the “City Human Rights Law” or “CHRL”) and New York State Executive Law §296 (5) (a) (the “State Human Rights Law” or “SHRL”), defendants 1402 OWNERS CORP. (the “Coop”) and DAVID SPIRA (“Spira” and collectively with the Coop, “defendants”) jointly move, pre-answer, for an order, pursuant to CPLR 3211 (a) (7), (3), and (1), as well as pursuant to CPLR 3013,1 dismissing the First Amended Complaint, dated January 3, 2023 (“FAC”), of plaintiffs FAIR HOUSING JUSTICE CENTER, INC. (“FHJC”) and NAOMI HENDERSON (“Henderson” and collectively with FHJC, “plaintiffs”), as against them. Plaintiffs object to the entirety of defendants’ motion. The motion was fully submitted on December 14, 2023, with the Court reserving decision. FACTS AND ALLEGATIONS Parties “Plaintiff FHJC is a non-profit civil rights organization that is dedicated to eliminating housing discrimination, promoting policies that foster open, accessible, and inclusive communities, and strengthening enforcement of fair housing laws” (FAC, 7). FHJC’s mission is to “eliminat[e] housing discrimination in New York City [which makes] apartments unavailable to individuals participating in the [rental-subsidy programs] due to their [rental-subsidy] source of income” (FAC, 112). To that end, “FHJC…expend[s] money, staff time and other resources to investigate and respond to [the] discriminatory conduct, which [,in turn,] divert[s] resources away from other FHJC activities, including public advocacy, outreach and education to increase public awareness about fair housing rights, technical assistance, training, and other tools to strengthen fair housing law enforcement, assistance to individuals and organizations in exercising their fair housing rights, and investigating and litigating other instances of discrimination” (FAC, 112). As part of that function, FHJC employs testers to pose as renters for the purpose of determining whether owners, lessees, brokers, and agents are complying with the City and State Human Rights Laws’ prohibitions against source of income discrimination, including discrimination against prospective applicants with rental subsidies (FAC,
70-108). Plaintiff Henderson is an individual residing in a homeless shelter in Queens County, New York (FAC,
