Doyle v. Constitution Apartments LLC
///ORDER denying 16 Motion to Dismiss for Failure to State a Claim; denying 19 Motion to Dismiss for Failure to State a Claim. I dismiss Doyle's complaint without prejudice because he has failed to allege a viable ADA claim against Mount Vernon. Any amended complaint must be filed within 14 days. So Ordered by Judge Paul J. Barbadoro.(js)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Michael A. Doyle
Case No. 21-cv-111-PB
Opinion No. 2021 DNH 159
Mount Vernon Company d/b/a
Constitution Apartments LLC
Michael Doyle has filed an amended complaint asserting a
claim under the Americans with Disabilities Act against “Mount
Vernon Company d/b/a Constitution Apartments LLC.”
at the Veridian Apartment Complex in Portsmouth.
He claims that
Mount Vernon, as the owner of the complex, is violating the ADA
by failing to accommodate his disability.
Mount Vernon Company
and Constitution Apartments LLC have filed motions to dismiss
(Doc. Nos. 16, 19).
Defendants assert that the complaints must
be dismissed because: (1) Mount Vernon and Constitution
Apartments are distinct corporate entities; (2) Mount Vernon is
the property manager for the Veridian, and Constitution
Apartments is the owner; and (3) Mount Vernon does not do
business as Constitution Apartments.
I cannot dismiss the complaint for the reasons defendants
Doyle alleges that Mount Vernon is the owner of the
Veridian, and I must accept that factual claim as true when
ruling on the motions to dismiss.
Doyle’s ADA claim, however,
appears to be defective for a related reason.
asserts in a conclusory fashion that the Veridian is a “place of
public accommodation,” he does not allege any facts to support
Privately owned apartment buildings are not
places of public accommodation, “even where the property accepts
tenants receiving federal housing subsidies.”
El v. People’s
Emergency Ctr., 315 F. Supp. 3d 837, 844 (E.D. Pa. 2018);
see also Cook v. Doe, No. 21-CV-01720-JSC, 2021 WL 2444959, at *2
(N.D. Cal. 2021); Reid v. Zackenbaum, 2005 WL 1993394, at *4
Accordingly, I dismiss Doyle’s complaint
without prejudice because he has failed to allege a viable ADA
claim against Mount Vernon.
If Doyle elects to file a second amended complaint, he may
not assert a claim under the ADA unless he is able to plead
sufficient facts to support his claim that the Veridian is a
place of public accommodation.
Doyle may not assert that Mount
Vernon Company is the owner of the Veridian in any amended
complaint unless he has a good faith basis for making this
contention, something that is unlikely given defendants’
assertions that the Veridian is owned by Constitution
Any amended complaint must be filed within 14 days.
I take no position as to whether Doyle can assert a viable
claim against either Constitution Apartments or Mount Vernon for
a violation of the Fair Housing Act.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
October 6, 2021
Michael A. Doyle, pro se
Kyle P. Griffin, Esq.
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