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UNITED STATES DISTRICT COURT<\/p>\n
SOUTHERN DISTRICT OF NEW YORK<\/p>\n
127 Lakes Rd LLC, Summer Crest LLC, 18 Sergio Lane<\/p>\n
LLC, Sergio Lane LLC, 9 Lake Region Blvd LLC, 111<\/p>\n
Lake Region Blvd LLC, Pamela Lee<\/p>\n
Plaintiffs,<\/p>\n
v.<\/p>\n
Town of Monroe<\/p>\n
Defendant.<\/p>\n
JURY TRIAL DEMANDED<\/p>\n
Docket No. 7:23-cv-06048<\/p>\n
AMENDED COMPLAINT<\/p>\n
Plaintiffs, 127 Lakes Rd LLC, Summer Crest LLC, 18 Sergio Lane LLC, Sergio Lane LLC, 9<\/p>\n
Lake Region Blvd LLC, 111 Lake Region Blvd LLC and Pamela Lee, by and through their<\/p>\n
attorney Yevgeny Levin, Esq., upon information and belief and by way of complaint assert the<\/p>\n
following:<\/p>\n
PARTIES<\/p>\n
1. 127 Lakes Rd LLC is a limited liability company registered in New York State on<\/p>\n
February 14, 2022. Its registered address is PO Box 405, Blooming Grove, NY 10914.<\/p>\n
2. Summer Crest LLC is a limited liability company registered in New York State on<\/p>\n
February 25, 2021. Its registered address is 6 Turtle Knoll, Monroe, NY 10950.<\/p>\n
3. 18 Sergio Lane LLC is a limited liability company registered in New York State on<\/p>\n
September 20, 2018. Its registered address is PO Box 405, Blooming Grove, NY 10914.<\/p>\n
4. Sergio Lane LLC is a limited liability company registered in New York State on<\/p>\n
September 27, 2018. Its registered address is 12 Sergio Lane, Monroe, NY 10950.<\/p>\n
5. 9 Lake Region Blvd LLC is a limited liability company registered in New York State on<\/p>\n
February 20, 2019. Its registered address is PO Box 405, Blooming Grove, NY 10914.<\/p>\n
Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 1 of 14<\/p>\n
6. 111 Lake Region Blvd LLC is a limited liability company registered in New York State<\/p>\n
on January 05, 2021. Its registered address is PO Box 405, Blooming Grove, NY 10914.<\/p>\n
7. 127 Lakes Rd LLC is the owner of 127 Lakes Rd., Monroe NY 10950, having acquired<\/p>\n
title on June 14, 2022.<\/p>\n
8. Summer Crest LLC is the owner of 23 Pinecrest Lane, Monroe, NY 10950, 25 Pinecrest<\/p>\n
Lane, Monroe, NY 10950, 27 Pinecrest Lane, Monroe, NY 10950, 29 Pinecrest Lane,<\/p>\n
Monroe, NY 10950, 31 Pinecrest Lane, Monroe, NY 10950, 33 Pinecrest Lane, Monroe,<\/p>\n
NY 10950, 35 Pinecrest Lane, Monroe, NY 10950, 37 Pinecrest Lane, Monroe, NY<\/p>\n
10950, 39 Pinecrest Lane, Monroe, NY 10950, 41 Pinecrest Lane, Monroe, NY 10950,<\/p>\n
43 Pinecrest Lane, Monroe, NY 10950, 45 Pinecrest Lane, Monroe, NY 10950, 47<\/p>\n
Pinecrest Lane, Monroe, NY 10950, 49 Pinecrest Lane, Monroe, NY 10950, 51 Pinecrest<\/p>\n
Lane, Monroe, NY 10950, 53 Pinecrest Lane, Monroe, NY 10950, 55 Pinecrest Lane,<\/p>\n
Monroe, NY 10950, 57 Pinecrest Lane, Monroe, NY 10950 and 59 Pinecrest Lane,<\/p>\n
Monroe, NY 10950. Title to these properties was acquired on September 24, 2018.<\/p>\n
9. 18 Sergio Lane LLC is the owner of 18 Sergio Lane, Monroe, NY 10950, having<\/p>\n
acquired title on February 16, 2022.<\/p>\n
10. Sergio Lane LLC is the owner of 11 Sergio Lane, Monroe, NY 10950, 12 Sergio Lane,<\/p>\n
Monroe, NY 10950, 15 Sergio Lane, Monroe, NY 10950, and 16 Sergio Lane, Monroe,<\/p>\n
NY 10950, having acquired title on December 4, 2018.<\/p>\n
11. 9 Lake Region Blvd LLC is the owner of 9 Lake Region Blvd, Monroe, NY 10950,<\/p>\n
having acquired title on March 29, 2019.<\/p>\n
12. 111 Lake Region Blvd LLC is the owner of 111 Lake Region Blvd, Monroe, NY 10950,<\/p>\n
having acquired title on June 22, 2021.<\/p>\n
Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 2 of 14<\/p>\n
13. Pamela Lee is a natural person residing at 6 Turtle Knoll, Monroe NY 10950<\/p>\n
14. 127 Lakes Rd LLC, Summer Crest LLC, 18 Sergio Lane LLC, Sergio Lane LLC, 9 Lake<\/p>\n
Region Blvd LLC, 111 Lake Region Blvd LLC, Family Trust for the Benefit of April<\/p>\n
Lynn Mitts shall hereinafter each be referred to as an \u201cLLC\u201d or collectively as the<\/p>\n
\u201cLLCS\u201d.<\/p>\n
15. The LLCS and Pamela Lee shall each be referred to as a \u201cPlaintiff\u201d or collectively the<\/p>\n
\u201cPlaintiffs.\u201d<\/p>\n
16. The defendant, the Town of Monroe is a municipal corporation organized and existing<\/p>\n
under the laws of the State of New York, with its principal place of business at<\/p>\n
(hereinafter the \u201cDefendant\u201d or \u201cMonroe\u201d).<\/p>\n
STATEMENT OF FACTS<\/p>\n
17. The Town Board of Monroe passed local law No. 3 on February 6, 2023 (the \u201cLaw\u201d).<\/p>\n
Monroe\u2019s ability to pass the Law is authorized by Section 10 of the New York State<\/p>\n
Municipal Home Rule Law.<\/p>\n
18. The text of the Law is attached hereto as \u201cExhibit A.\u201d<\/p>\n
19. Section 40-22(A)(9) of the Law provides that \u201cit shall be unlawful for any one person or<\/p>\n
entity to own more than three (3) residential rental properties within the Town of<\/p>\n
Monroe. Principals with common ownership in more than one entity owning or operating<\/p>\n
a residential rental property in the Town shall be considered to be one entity.\u201d<\/p>\n
20. Pamela Lee is a member of each of the LLCS. Combined she owns more than three (3)<\/p>\n
residential unit under the Law. Thus, she had standing as an affected party under the Law.<\/p>\n
Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 3 of 14<\/p>\n
JURISDICTION AND VENUE<\/p>\n
21. This Court has jurisdiction over this action under 28 U.S.C. \u00a7\u00a7 1331, 1343(a), and 42<\/p>\n
U.S.C. \u00a7 1983 for violation of Plaintiff’s constitutional rights under the Fifth<\/p>\n
and Fourteenth Amendments of the United States Constitution as well as the Contracts<\/p>\n
Clause under Article I, Section 10, Clause 1 of the United States Constitution.<\/p>\n
AS AND FOR THE FIRST CAUSE OF ACTION: UNCONSTITUTIONAL TAKING<\/p>\n
22. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n
contained in the foregoing paragraphs.<\/p>\n
23. The Fifth Amendment to the United States Constitution provides, in pertinent part: “nor<\/p>\n
shall private property be taken for public use, without just compensation.” This clause,<\/p>\n
known as the Takings Clause, is applicable to the states through the Fourteenth<\/p>\n
Amendment as per the Supreme Court in Chicago, Burlington & Quincy Railroad Co. v.<\/p>\n
Chicago (1897).<\/p>\n
24. Section 40-22(A)(9) of the Law provides that \u201c[i]t shall be unlawful for any one person<\/p>\n
or entity to own more than three (3) residential rental properties within the Town of<\/p>\n
Monroe. Principals with common ownership in more than one entity owning or operating<\/p>\n
a residential rental property in the Town shall be considered to be one entity\u201d (the \u201cThree<\/p>\n
Rental Provision\u201d).<\/p>\n
25. The Three Rental Provision of the Law deprives the plaintiff of their fundamental<\/p>\n
property rights without just compensation, as recognized by the Supreme Court in Lucas<\/p>\n
Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 4 of 14<\/p>\n
v. South Carolina Coastal Council, 505 U.S. 1003 (1992),.<\/p>\n
26. In the instant matter, Plaintiff\u2019s ability to rent out more than three (3) residential units<\/p>\n
deprives him of the value of the units, making Plaintiff unable to pay its expenses and<\/p>\n
earning a profit.<\/p>\n
AS AND FOR THE SECOND CAUSE OF ACTION: VIOLATION OF DUE PROCESS<\/p>\n
UNDER THE 14th <\/span>AMENDMENT<\/p>\n 27. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 28. The Fourteenth Amendment to the United States Constitution guarantees that no State<\/p>\n shall “deprive any person of life, liberty, or property, without due process of law.”<\/p>\n 29. The Three Rental Provision of the Law that limits the number of units a landlord can rent<\/p>\n to three (3) does not provide a hearing or other procedural safeguards, deprives Plaintiff<\/p>\n of property rights without due process of law, in violation of the Fourteenth Amendment.<\/p>\n 30. The Plaintiff’s property interest emanates from their ownership of more than three rental<\/p>\n units and the associated rights to lease these units to potential tenants. The<\/p>\n aforementioned ordinance inhibits the Plaintiff from leveraging their property to its<\/p>\n fullest extent, thereby severely limiting their ability to generate income from the same.<\/p>\n The Defendant has not provided the Plaintiff with a fair process to contest this restriction<\/p>\n or to request an exception, thereby breaching the procedural due process protections<\/p>\n embodied in the Fourteenth Amendment .<\/p>\n 31. Furthermore, the ordinance is arbitrary and capricious, lacking a rational relationship to a<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 5 of 14<\/p>\n legitimate governmental objective, thus violating the substantive due process guarantees<\/p>\n of the Fourteenth Amendment.<\/p>\n 32. Similarly, the law purportedly states the purpose of such a limitation is to prevent vermin,<\/p>\n and the like. This is not rationally related to a limitation on the amount of homes one<\/p>\n possesses.<\/p>\n AS AND FOR THE THIRD CAUSE OF ACTION: VIOLATION OF THE EQUAL<\/p>\n PROTECTION CLAUSE<\/p>\n 33. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 34. The Fourteenth Amendment to the United States Constitution guarantees that no State<\/p>\n shall “deny to any person within its jurisdiction the equal protection of the laws.”<\/p>\n 35. The Three Rental Provision of the Law limits the number of units a landlord can rent to<\/p>\n three (3) creates a classification between landlords who own three or fewer properties and<\/p>\n those who own more than three.<\/p>\n 36. Section 40-22(A)(3) provides that \u201c[i]t shall be unlawful for the owner or managing agent<\/p>\n to allow for the Parking of more vehicles on the property than there are bedrooms in the<\/p>\n rental property\u201d (the \u201cTwo Cars Provision\u201d).<\/p>\n 37. This causes a distinct inequity for those living in one-bedroom apartments. They<\/p>\n distinctly become a lesser citizen, whom cannot economically participate in any activities<\/p>\n that would require the use of more than one vehicle. Especially pertinent as a couple<\/p>\n could easily rent a one bedroom as their abode.<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 6 of 14<\/p>\n 38. The ability to own property, the right to contract, are fundamental rights. \u201cWhere<\/p>\n fundamental rights are involved, the United States Supreme Court has held that the<\/p>\n statute be subjected to the strict scrutiny test in order to determine whether it is in conflict<\/p>\n with the equal protection clause. This strict scrutiny test requires the court to find a<\/p>\n compelling State interest for upholding the statute. (San Antonio Ind. School Dist. v<\/p>\n Rodriguez,411 U.S. 1, 16.) The right of a parent to rear his or her child has been held to<\/p>\n be such a fundamental right requiring the application of the strict scrutiny test.\u201d (Pierce v<\/p>\n Society of Sisters,268 U.S. 510, 535; Caban v Mohammed,441 U.S. 380.) Matter of<\/p>\n Miller, 105 Misc. 2d 41, 46 (N.Y. Fam. Ct. 1980)<\/p>\n 39. There is no legitimate State Interest in limiting the amount of vehicles that an abode may<\/p>\n have. The tests to determine the validity of state statutes under the Equal Protection<\/p>\n Clause have been variously expressed, but this Court requires, at a minimum, that a<\/p>\n statutory classification bear some rational relationship to a legitimate state<\/p>\n purpose. Morey v. Doud, 354 U.S. 457 (1957); Williamson v. Lee Optical Co., 348 U.S.<\/p>\n 483 (1955); Gulf, Colorado Santa Fe R. Co., v. Ellis, 165 U.S. 150 (1897); Yick<\/p>\n Wo v. Hopkins, 118 U.S. 356 (1886). Though the latitude given state economic and social<\/p>\n regulation is necessarily broad, when state statutory classifications approach sensitive and<\/p>\n fundamental personal rights, this Court exercises a stricter scrutiny,Brown v. Board of<\/p>\n Education, 347 U.S. 483 (1954); Harper v. Virginia Board of Elections, 383 U.S.<\/p>\n 663 (1966). The essential inquiry in all the foregoing cases is, however, inevitably a dual<\/p>\n one: What legitimate state interest does the classification promote? What fundamental<\/p>\n personal rights might the classification endanger? Weber v. Aetna Casualty Surety Co.,<\/p>\n 406 U.S. 164, 172-73 (1972)<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 7 of 14<\/p>\n 40. Moreover, it is arbitrary and capricious that a renter should be limited to a boat but not<\/p>\n car, or an ATV, but not a car, a car, but then not a boat. From a public policy perspective<\/p>\n this is the antithesis of our governments stated monetary perspective being capitalism. If<\/p>\n anything a government should be encouraging spending for taxation purposes if nothing<\/p>\n else, and the inevitable stimulation of the economy.<\/p>\n 41. The Town of Monroe is in an awkward backhanded sense becoming a totalitarian<\/p>\n government determining how monetary expenditures can be made. Furthermore, it<\/p>\n creates its own class stratification. One with a boat, and a car is inherently clearly more<\/p>\n wealthy than one whom can only legally have a car. The Town of Monroe has removed<\/p>\n personal, fundamental rights of ownership via their legislation.<\/p>\n 42. One must ask how a law limiting you to a boat, ATV, or car is related to reducing vermin<\/p>\n in homes.<\/p>\n 43. The exact same stated arguments follow for the original law regarding home ownership.<\/p>\n Section 40-22(A)(9) of the Law provides that \u201cit shall be unlawful for any one person or<\/p>\n entity to own more than three (3) residential rental properties within the Town of<\/p>\n Monroe. Principals with common ownership in more than one entity owning or operating<\/p>\n a residential rental property in the Town shall be considered to be one entity.\u201d<\/p>\n 44. This limitation again is an encumbrance on the fundamental right to own property,<\/p>\n manage ones own business, and freedom to contract.<\/p>\n 45. The Defendant fails to provide a rational basis for this differential treatment, as there is<\/p>\n no legitimate governmental interest that justifies the ordinance’s arbitrary restriction on<\/p>\n the number of units a landlord can rent.<\/p>\n 46. The Law thus treats similarly situated landlords in a disparate manner without a<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 8 of 14<\/p>\n compelling, substantial, or even rational basis, violating the equal protection guarantees<\/p>\n of the Fourteenth Amendment.<\/p>\n 47. In addition, Section 40-22(A)(8) of the Law provides that \u201c[i]t shall be unlawful for any<\/p>\n business to operate from a residential rental property.\u201d This is arbitrary and capricious in<\/p>\n that it does not allow certain professionals who work from home to conduct their business<\/p>\n from home. It also would not allow working from home during a state of emergency that<\/p>\n existed during the Covid pandemic.<\/p>\n AS AND FOR THE FOURTH CAUSE OF ACTION: VIOLATION OF THE<\/p>\n CONTRACTS CLAUSE OF THE UNITED STATES CONSTITUTION<\/p>\n 48. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 49. Article I, Section 10, Clause 1 of the United States Constitution (the \u201cContracts Clause\u201d)<\/p>\n provides, inter alia, that “No State shall […] pass any […] Law impairing the Obligation of<\/p>\n Contracts.”<\/p>\n 50. The Three Rental Provision of the law that limits the number of units a landlord can rent<\/p>\n to three (3) substantially impairs the Plaintiff’s existing and future contractual<\/p>\n relationships with tenants.<\/p>\n 51. At the time of the enactment of the ordinance, the Plaintiff had existing contracts with<\/p>\n tenants for more than three properties.<\/p>\n 52. The ordinance, therefore, unconstitutionally interferes with the Plaintiff’s right to enter<\/p>\n into and maintain contracts, in violation of the Contracts Clause (Allied Structural Steel<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 9 of 14<\/p>\n Co. v. Spannaus, 438 U.S. 234, 242 (1978)).<\/p>\n 53. Moreover, Section 40-22(A)(3) provides that \u201c[i]t shall be unlawful for the owner or<\/p>\n managing agent to allow for the Parking of more vehicles on the property than there are<\/p>\n bedrooms in the rental property\u201d (the \u201cTwo Cars Provision\u201d).<\/p>\n 54. As such Defendants are impairing the Obligation, and ability to contract of anyone whom<\/p>\n may have more than one vehicle prior to the time this law was enacted. Quintessentially<\/p>\n any tenant with an excessive amount of vehicles would be forced to sell their vehicle, or<\/p>\n be subject to fines, and punishments.<\/p>\n 55. Indeed additionally, Section 40-22(A)(5) provides that \u201c[i]t shall be unlawful for the<\/p>\n occupancy of any one bedroom to exceed two (2) persons\u201d (the \u201cOccupancy Provision\u201d).<\/p>\n 56. The implementation thereof would affect any families, renters, or anyone using a<\/p>\n property with what has been deemed an excessive amount of persons. Further impairing<\/p>\n the obligations of ongoing, and future contracts summarily.<\/p>\n AS AND FOR THE FIFTH CAUSE OF ACTION: VIOLATION OF THE FAIR<\/p>\n HOUSING ACT<\/p>\n 57. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 58. Section 40-22(A)(5) provides that \u201c[i]t shall be unlawful for the occupancy of any one<\/p>\n bedroom to exceed two (2) persons\u201d (the \u201cOccupancy Provision\u201d).<\/p>\n 59. The Occupancy Provision discriminates against families with children, thereby infringing<\/p>\n upon the Fair Housing Act (\u201cFHA\u201d), a key component of the Civil Rights Act of 1968,<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 10 of 14<\/p>\n which explicitly proscribes discrimination on the basis of familial status (42 U.S.C.<\/p>\n \u00a73604).<\/p>\n 60. The law fails to consider the specific circumstances of the dwelling and has an adverse<\/p>\n impact on larger families, thus constituting a violation of the FHA.<\/p>\n 61. Additionally, Section 40-22(A)(4) provides that (the \u201cTwo Commercial Vehicle\u201d<\/p>\n provision) \u201c[i]t shall be unlawful for the owner or managing agent to allow for the<\/p>\n parking of more than one commercial vehicle on the property, which for the purposes of<\/p>\n this section shall be defined to include any for -hire vehicle, recreational vehicle, travel<\/p>\n trailer or boat.\u201d<\/p>\n 62. The Two Commercial Vehicle provision fails to take into consideration that a couple<\/p>\n living in a one (1) bedroom apartment may each have a commercial vehicle and work<\/p>\n independently of each other.<\/p>\n 63. This provision similarly inhibits the ability for one to contract. Should a person not be<\/p>\n allowed to purchase, rent, or lease anymore than one vehicle their ability to contract has<\/p>\n been inhibited. The ordinance, therefore, unconstitutionally interferes with the Plaintiff’s<\/p>\n right to enter into and maintain contracts, in violation of the Contracts Clause (Allied<\/p>\n Structural Steel Co. v. Spannaus, 438 U.S. 234, 242 (1978)).<\/p>\n 64. Furthermore, Section 40-22(A)(3) provides that \u201c[i]t shall be unlawful for the owner or<\/p>\n managing agent to allow for the Parking of more vehicles on the property than there are<\/p>\n bedrooms in the rental property\u201d (the \u201cTwo Cars Provision\u201d).<\/p>\n 65. The Two Cars Provision discriminates against a couple living in a one-bedroom<\/p>\n apartment that both drive.<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 11 of 14<\/p>\n AS AND FOR THE SIXTH CAUSE OF ACTION: VIOLATION OF 42 U.S. CODE \u00a71983<\/p>\n \u2013 DEPRIVATION OF RIGHTS UNDER THE FOURTEENTH AMENDMENT<\/p>\n 66. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 67. The Defendants, acting under color of state law, has enacted the Three Rental Provision<\/p>\n and the Occupancy Provision in a manner that deprives the Plaintiff of their rights under<\/p>\n the Fourteenth Amendment of the United States Constitution.<\/p>\n AS AND FOR THE SEVENTH CAUSE OF ACTION: VIOLATION OF 42 U.S. CODE<\/p>\n \u00a71983 \u2013 DENIAL OF EQUAL PROTECTION UNDER THE FOURTEENTH<\/p>\n AMENDMENT<\/p>\n 68. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 69. By enforcing the Three Rental Provision, the Defendants have created a classification<\/p>\n between landlords who own three or fewer properties and those who own more than three<\/p>\n without a rational basis, thereby denying the Plaintiff equal protection of the laws as<\/p>\n guaranteed by the Fourteenth Amendment to the United States Constitution.<\/p>\n 70. By enforcing the No Consideration Provision, the Defendants have created a<\/p>\n classification between landlords who want to purchase a residence for their children and<\/p>\n who have three or fewer children and those who have more than three children without a<\/p>\n rational basis, thereby denying the Plaintiff equal protection of the laws as guaranteed by<\/p>\n the Fourteenth Amendment to the United States Constitution.<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 12 of 14<\/p>\n AS AND FOR THE EIGTH CAUSE OF ACTION: VIOLATION OF 42 U.S. CODE \u00a71983<\/p>\n \u2013 IMPAIRMENT OF CONTRACTUAL OBLIGATIONS<\/p>\n 71. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 72. By enforcing the Three Rental Provision, the Defendant has substantially impaired the<\/p>\n Plaintiff’s existing and future contractual relationships with tenants, violating the<\/p>\n Contracts Clause of the United States Constitution.<\/p>\n AS AND FOR THE NINTH CAUSE OF ACTION: VIOLATION OF 42 U.S. CODE \u00a71983<\/p>\n \u2013 VIOLATION OF THE FAIR HOUSING ACT<\/p>\n 73. Plaintiff repeats, reiterates, re-alleges, and incorporates by reference the allegations<\/p>\n contained in the foregoing paragraphs.<\/p>\n 74. The enforcement of the Occupancy Provision discriminates against families with<\/p>\n children, violating the Fair Housing Act, a part of the Civil Rights Act of 1968.<\/p>\n 75. The enforcement of the Two Commercial Vehicle provision discriminates against<\/p>\n families who may be married or living together as a couple and who both work and<\/p>\n require a commercial vehicle, violating the Fair Housing Act, a part of the Civil Rights<\/p>\n Act of 1968.<\/p>\n WHEREFORE, Plaintiffs pray for judgment against Defendant as follows:<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 13 of 14<\/p>\n Case 7:23-cv-06048-JCM Document 9 Filed 08\/31\/23 Page 14 of 14<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" To read the PDF copy click here Below is the text of that documentUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 127 Lakes Rd LLC, Summer Crest LLC, 18 Sergio Lane LLC, Sergio Lane LLC, 9 Lake Region Blvd LLC, 111 Lake Region Blvd LLC, Pamela Lee Plaintiffs, v. Town of Monroe Defendant. 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