Avila v. New York City Housing Authority
- Laura Swain
- 1:24-cv-06680
- U.S. District Court · Southern District of New York
- 3
In Avila v. New York City Housing Authority, Judge Swain dismissed Avila’s amended complaint for not stating a federal claim.
Jimmy Avila, the New York City Housing Authority, and the Center for Independence of the Disabled; the order also denied Avila permission to appeal without paying the filing fee.
What happened
In Avila v. New York City Housing Authority, Jimmy Avila alleged that the New York City Housing Authority failed to provide housing suited to his disabilities and that the Center for Independence of the Disabled ended services he needed.
Avila had previously brought disability, race, and gender discrimination claims under federal housing and disability laws and a civil-rights statute. The court had dismissed those claims because his original complaint did not provide enough facts showing discrimination or unequal treatment. After receiving permission to amend, Avila filed a one-paragraph amended complaint with letters about his housing and services.
Judge Swain dismissed the amended complaint because it still did not state facts showing that either defendant violated Avila’s federal rights. The court declined to allow another amendment, directed the clerk to enter judgment, and denied Avila permission to appeal without paying filing fees because the court certified that an appeal would not be taken in good faith.
The detailed version
- Avila v. New York City Housing Authority · No. 1:24-cv-06680
- Laura Swain
- Apr. 30, 2025
Background
Jimmy Avila proceeded without a lawyer and without paying the filing fee. He alleged that the New York City Housing Authority violated his federal rights. In the original complaint, he asserted disability, race, and gender discrimination claims under the Fair Housing Act, the Rehabilitation Act, Title II of the Americans with Disabilities Act, and 42 U.S.C. § 1983, a civil-rights statute.
The court previously dismissed the original complaint for failure to state a claim and gave Avila 30 days to amend. Avila then filed an amended complaint and added the Center for Independence of the Disabled as a defendant. The amended complaint stated that the Housing Authority had failed to find him appropriate housing addressing his disabilities and that the Center had terminated and discharged him from services he needed. Letters attached to the pleading showed that he sought disability-related housing accommodations and had received services from the Center.
Court’s analysis
The court reviewed the amended complaint under the screening rules that require dismissal of a case filed without paying the filing fee if it is frivolous, seeks relief from an immune defendant, or fails to state a claim. The court also noted that it must dismiss a case when it lacks authority to hear the subject matter. Although courts read pleadings filed without a lawyer generously, the court concluded that Avila’s amended complaint still did not state facts suggesting that either defendant was violating his federal rights concerning his housing.
The court therefore dismissed the amended complaint for the same reasons given in its November 25, 2024 dismissal order. The court explained that a plaintiff without a lawyer is generally given an opportunity to amend, but another amendment may be denied when a prior amendment did not fix the defects. Because the court found that the defects could not be cured through another amendment, it declined to give Avila another opportunity to amend.
Ruling and disposition
Judge Laura Taylor Swain dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The court directed the clerk to enter judgment. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied Avila permission to proceed without paying the filing fee for an appeal. The opinion does not state that the dismissal was with or without prejudice.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.