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Salute v. Stratford Greens

888 F. Supp. 17 (E.D.N.Y. 1995)

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Salute v. Stratford Greens

United States District Court for the Eastern District of New York

888 F. Supp. 17 (E.D.N.Y. 1995)

Facts

Richard Salute and Marie Kravette (plaintiffs) are disabled persons as defined by law. Both Salute and Kravette attempted to rent apartments from Stratford Greens (defendant), and were refused because they were participants in Section 8, a federal program that subsidizes rent payments for certified disabled persons. Both have brought suit against Stratford Greens, claiming inter alia that the refusal to rent violated the United States Housing Act, 42 U.S.C. § 1437f(t)(1)(A). Under § 1437f(t)(1)(A), landlords are not required to participate in Section 8, but landlords who have rented apartments to Section 8 participants may not subsequently refuse to rent to prospective tenants on the ground that they are Section 8 participants. Stratford Greens’ current Section 8 tenants had signed leases with Stratford Greens before they enrolled in Section 8, and Stratford Greens argues that it has not chosen and does not want to participate in Section 8. Stratford Greens argues that it is unfair to require it to participate in Section 8, and that requiring it to participate in Section 8 will encourage other landlords to oust tenants who enroll in Section 8. Because Kravette will lose her Section 8 certificate if she does not secure housing by June 1, 1995, she asks for a preliminary injunction requiring Stratford Greens to rent her an apartment.

Rule of Law

Issue

Holding and Reasoning (Gleeson, J.)

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