Memorandum of Points and Authorities
Statement of Facts
On 04/10/2021, Byron Smith was illegally arrested by Plantation Police Department when Ms. Tracey Mancilla called them to have him removed from the property for “trespassing.” The arresting officer stated that Byron was videographed vandalizing property. After inquiry, there was no video of Byron vandalizing any property. Byron’s disability was brought to the attention of the police who acknowledged it as he was administered medication prior to arrest. Ms. Mancilla vehemently denied everything when she was informed of Byron’s disability.
In November 2019, Ms. Paulette informed Christina Rizzo as well as Siena Management that she would be living with Byron as she is his primary caregiver. Ms. Paulette resided with Byron for more than a year without any complaint from anyone. Byron also visits the leasing office in the mornings to get doughnuts and coffee. The allegations against him were made maliciously.
On 05/26/2021, a male neighbor approached Ms. Paulette and informed her that he had received his lease renewal and noticed that the rent had been increased by $300. The neighbor expressed his dissatisfaction and stated that he would be relocating.
On 06/03/2021, Ms. Paulette went to the leasing office to inquire when she would be receiving her renewal of lease. Ms. Mancilla informed her that they would not be renewing her lease due to a family member being an unauthorized guest. Ms. Mancilla told Ms. Paulette that a non-renewal notice had been posted on her door on 04/24/2021, and that she had a picture of the assistant placing it there.
Ms. Paulette requested Ms. Mancilla to give her formal non-renewal notice at the office since she was already there. Ms. Mancilla declined and stated that the notice was already served and that the 60-day period began on 04/24/2021, when the notice non-renewal notice was allegedly posted. Ms. Paulette also requested Ms. Mancilla to show her the photograph of the assistant placing the notice on her door but she stated that she could not find it. Up to date, Ms. Paulette has not been served with a non-renewal notice.
Ms. Mancilla went ahead and gave Ms. Paulette bad reviews to other property managers, hampering her ability to relocate. Ms. Paulette has been unable to move but still continues to pay rent in full. She has never defaulted to pay rent. One of Respondent’s ways of trying to make Ms. Paulette move out was increasing her rent by $670 from $1834 to $2504.
Respondent falsely stated that Ms. Paulette had an unauthorized massif. She was referring to an emotional support dog that Ms. Paulette had documentation for. If she failed to have that documentation, she would have paid $300 more monthly in rent. She also tried to assassinate Ms. Paulette’s character by falsely stating that she committed a crime when submitting her rent payment.
The Respondent’s claims that Ms. Paulette is being evicted are false. Their failure to renew her lease is based on discrimination based on race and disability.
Argument
American Landmark is Liable for Discrimination Against Byron Smith
All foregoing paragraphs are incorporated as though set out in full herein.
“As its name suggests, a disparate treatment claim requires a plaintiff to show that he has actually been treated differently than similarly situated non-handicapped people. See Loren v. Sasser, 309 F.3d 1296, 1302 (11th Cir.2002) (per curiam) (rejecting handicapped persons’ disparate treatment claim under the FHA because they “failed to introduce any evidence” that they had been treated differently than similarly situated non-handicapped people).” Schwarz v. City of Treasure Island, 544 F.3d 1201 (2008).
Ms. Paulette and Byron were treated differently compared to other tenants who are not African American. Ms. Mancilla’s blatant refusal to renew Ms. Paulette’s lease is purely discriminatory against her and Byron. She had to divert from normal procedure to fulfil her malicious intention of getting rid of Ms. Paulette and Byron from the property.
Ms. Mancilla alleged that she sent her assistant to post a notice of non-renewal on Ms. Paulette’s door on 04/24/2021. She also stated that she had a photograph of the assistant placing the notice on Ms. Paulette’s door. When Ms. Paulette asked her to produce the photograph, she could not. Ms. Mancilla also alleged that Byron was vandalizing property and called the police on him for trespassing. She claimed there was a video of Byron vandalizing property. When Ms. Mancilla was asked to produce that video, she could not. It is not a coincidence that Ms. Mancilla made false claims to frustrate Ms. Paulette and Byron that she could not substantiate using tangible proof.
Ms. Mancilla renewed the leases of all other tenants apart from Ms. Paulette. The other tenants are Caucasians while Ms. Paulette and her family are African Americans. Ms. Mancilla’s claim that Ms. Paulette’s lease was not renewed due to her living with an unauthorized leasee proves her discrimination against African Americans. Tenant 1049 who is Caucasian has had his daughter and her boyfriend residing at the property with no consequences or refusal to renew.
It is clear that Ms. Mancilla does not like Byron because of his disability. She called the police on him because she knew that he would not be able to defend himself as he is mentally disabled. Other tenants who do not live with disabled persons have all had their leases renewed.
Respondents are liable for discrimination in the form of disparate treatment and ought to pay damages to Petitioner.
Prayer for Relief
REASONS WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully requests this Honorable Court to STRIKE Respondents’ Answer and award Petitioner all reliefs prayed for in the Complaint.
Dated this ____ day of March, 2022.
Respectfully Submitted,
___________________________________
Paulette Smellie
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