Ballentine v. Bowery Residence Committee

Background

Quintin J. Ballentine, proceeding without a lawyer, brought claims under the Fair Housing Act and the Americans with Disabilities Act. He alleged that the defendants violated his rights at a shelter in Brooklyn, New York. The defendants named in the caption are Bowery Residence Committee, Julie Salamon, Eric Adams, and Kathy Hochul.

Venue Analysis

The court applied the general federal venue statute, 28 U.S.C. § 1391. That statute allows a civil action to be brought in certain districts where defendants reside or where a substantial part of the events or omissions giving rise to the claims occurred.

The court noted that Ballentine did not provide an address for the organizational defendant or residential addresses for the individual defendants. As a result, it was unclear whether venue was proper in the Southern District of New York, the Eastern District of New York, or another district based on where the defendants reside. The court stated that, even assuming venue was proper in the Southern District, venue was also proper in the Eastern District because the alleged events occurred in Brooklyn, which is in Kings County and within the Eastern District of New York.

Transfer Decision

Under 28 U.S.C. § 1404(a), a court may transfer a case, even when venue is proper, to another district where the case could have been brought when the transfer would serve the convenience of the parties and witnesses and the interests of justice.

The court concluded that transfer was appropriate. The underlying events occurred in Brooklyn, where the shelter involved in the claims is located. The court considered it reasonable to expect that the relevant documents and witnesses would also be in Brooklyn. It therefore found that the Eastern District of New York appeared to be the more convenient forum.

Disposition

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District of New York. It stated that the transferee court would decide whether Ballentine could proceed without prepaying fees, and that no summons would issue from the Southern District of New York.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal.