Memorandum of Points and Authorities
Statement of Facts
On 04/10/2021, Persona was illegally arrested by Plantation Police Department when Persona called them to have him removed from the property for “trespassing.” The arresting officer stated that Persona was videographed vandalizing property. After inquiry, there was no video of Persona vandalizing any property. Persona’s disability was brought to the attention of the police who acknowledged it as he was administered medication prior to arrest. Persona vehemently denied everything when she was informed of Persona’s disability.
In November 2019, Ms. Persona informed Persona as well as Siena Management that she would be living with Persona as she is his primary caregiver. Ms. Persona resided with Persona for more than a year without any complaint from anyone. Persona 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. Personaand 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. Persona went to the leasing office to inquire when she would be receiving her renewal of lease. Personainformed her that they would not be renewing her lease due to a family member being an unauthorized guest. Persona told Persona 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.
Persona requested Personato give her formal non-renewal notice at the office since she was already there. Persona 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. Persona also requested Persona 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. Persona has not been served with a non-renewal notice.
Persona went ahead and gave Ms. Persona bad reviews to other property managers, hampering her ability to relocate. Ms. Persona 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. Persona move out was increasing her rent by $670 from $1834 to $2504.
Respondent falsely stated that Ms. Personahad an unauthorized massif. She was referring to an emotional support dog that Ms. Persona 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. Personas character by falsely stating that she committed a crime when submitting her rent payment.
The Respondent’s claims that Ms. Persona 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. Persona was treated differently compared to other tenants who are not African American. Persona’s blatant refusal to renew Ms. Persona’s lease is purely discriminatory against her and Persona. She had to divert from normal procedure to fulfil her malicious intention of getting rid of Ms. Persona from the property.
Persona alleged that she sent her assistant to post a notice of non-renewal on Ms. Persona’s door on 04/24/2021. She also stated that she had a photograph of the assistant placing the notice on Ms. Persona’s door. When Ms. Persona asked her to produce the photograph, she could not. Persona also alleged that Persona was vandalizing property and called the police on him for trespassing. She claimed there was a video of Persona vandalizing property. When Persona was asked to produce that video, she could not. It is not a coincidence that Persona made false claims to frustrate Persona that she could not substantiate using tangible proof.
Persona renewed the leases of all other tenants apart from Ms. Persona. The other tenants are Caucasians while Ms. Persona and her family are African Americans.Persona’s claim that Ms. Persona’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 Persona does not like Persona 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,
___________________________________
Persona
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