Ramos v. Department of Homeless Services

Background

Jose Antonio Ramos filed the action without a lawyer, initially naming Breaking Ground and the New York City Department of Homeless Services as defendants. The court previously dismissed the Department because it could not be sued as a separate entity, added the City of New York, and dismissed Ramos’s claims brought on behalf of other people. Ramos alleged that, while living in temporary supportive housing at 123 East 15th Street, he was not offered permanent housing despite meeting requirements, that the housing lacked certain safety features, and that Hispanic residents were denied housing while white and Black residents received it sooner. The court had previously treated his discrimination claim as arising under the Fair Housing Act.

The pending motions were the City’s motion to dismiss, Breaking Ground’s motion to dismiss, and Ramos’s motion for a temporary restraining order and preliminary injunction. A temporary restraining order and preliminary injunction are emergency court orders intended to prevent specified conduct while a case proceeds.

The City’s Motion to Dismiss

The court rejected the City’s argument that Ramos’s claims should be dismissed because service was late. Although Ramos served the City more than 90 days after the summons issued, the court found good cause based on his status as a party without a lawyer and extended the time for service.

The court nevertheless granted the City’s motion to dismiss. Ramos’s claims on behalf of other people had already been dismissed, so the City’s motion was moot as to those claims. As to Ramos’s own disability-discrimination claims under the Fair Housing Act, Title II of the Americans with Disabilities Act, and the Rehabilitation Act, the court held that he did not allege a qualifying disability that substantially limited a major life activity. The court also noted that it had previously explained that Ramos had not alleged that he requested a reasonable accommodation.

The court also dismissed Ramos’s Fair Housing Act racial-discrimination claim. Ramos alleged that he was Hispanic and was told housing was unavailable while white and Black individuals received housing after three months. The court held that he did not allege enough facts showing that he was similarly situated in all material respects to the people used as comparators. The court therefore granted the City’s motion to dismiss on the merits.

Breaking Ground’s Motion to Dismiss

Breaking Ground argued that Ramos had not properly served it. Ramos did not file proof of service for Breaking Ground, even after being informed of the problem. The court found the service defective and concluded that it lacked personal jurisdiction over Breaking Ground. Because it lacked jurisdiction, the court did not decide the merits of Ramos’s claims against Breaking Ground. The court granted Breaking Ground’s motion to dismiss without prejudice.

The court noted that the reasoning supporting dismissal of the City on the merits would appear to apply to Breaking Ground as well, but it did not decide the merits of the claims against Breaking Ground because service was defective.

Temporary Restraining Order and Preliminary Injunction

Ramos sought an order preventing further harassment and the destruction or removal of his personal property. The court denied the request because Ramos had not shown a likelihood of success on his discrimination claims. The court also held that his conclusory allegations about harm to his property did not provide enough detail to establish irreparable harm.

Disposition

The court granted the City’s motion to dismiss, granted Breaking Ground’s motion to dismiss without prejudice, and denied Ramos’s motion for a temporary restraining order and preliminary injunction. It directed the Clerk of Court to terminate the pending motions, close the case, and mail the order to Ramos.