Xu v. U.S. Department of Housing and Urban Development

Background

ZhongSai Xu filed this pro se action under federal-question jurisdiction. He alleged that the U.S. Department of Housing and Urban Development and an individual named “Carlos,” whom Xu identified as the manager of Queens Brai B’rith House, violated his rights in connection with an apartment he rented. Xu stated that he resides in Flushing, Queens County, New York, and that Queens Brai B’rith House is located there. The opinion does not state the defendants’ addresses or residences.

Venue and Transfer

The court considered venue under 28 U.S.C. § 1391 and transfer under 28 U.S.C. § 1404(a). Because Xu did not plead where the defendants reside, the court said it was unclear whether venue was proper in the Southern District of New York based on the defendants’ residence. The court nevertheless assumed that venue might be proper there and concluded that venue was also proper in the Eastern District of New York because the events underlying Xu’s claims occurred in Queens County.

The court determined that transfer was appropriate for the convenience of the parties and witnesses and in the interest of justice. The underlying events occurred in Queens County, where Xu resides, and relevant documents and witnesses would reasonably be expected to be there. The court therefore found that the Eastern District of New York appeared to be the more convenient forum.

Disposition

The court 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. Summonses were not to issue from that court, and the transferee court was left to decide whether Xu could proceed without prepaying fees. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from the order.