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JIMINEZ v. SOUTHRIDGE COOP.

December 18, 1985

REINALDO JIMINEZ, Plaintiff,
v.
SOUTHRIDGE COOPERATIVE, SECTION I, INC., Defendant



The opinion of the court was delivered by: MCLAUGHLIN

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

 This is an action for damages and injunctive relief brought under the Civil Rights Act of 1866, 42 U.S.C. §§ 1981-82, the Fair Housing Act of 1968, 42 U.S.C. § 3602 et seq., and the Human Rights Law of the State of New York, Executive Law § 296. Specifically, plaintiff charges that the defendant Southridge Cooperative, Section I, Inc. ("Southridge I"), an apartment cooperative, discriminated against him on the basis of race, color and national origin in disapproving his apartment purchase.

 On November 1, 1985, the Court granted plaintiff's request to consolidate his motion for a preliminary injunction with the trial on the merits of plaintiff's request for permanent injunctive relief. For the reasons set forth below, the plaintiff's claim for injunctive relief is denied.

 Facts

 In April 1985, plaintiff contracted with a shareholder-lessee of Southridge I for the sale of a $30,000 apartment. In accordance with the proprietary lease and the cooperative's by-laws, plaintiff was required to obtain the defendant's consent to the sale. Accordingly, plaintiff submitted an application to the defendant's management office in April 1985.

 Southridge I has certain minimum financial requirements that an applicant must satisfy before his application will be processed. See Southridge I Handbook for Cooperators, Defendant's Exhibit D (Tr. at 9). The applicant is solely responsible for submitting the necessary documentation in support of his application and is informed at the time he submits the application that withholding any material information will cause disapproval. Plaintiff's Exhibit 2 (Tr. 48-49). Plaintiff concedes that he read, understood and agreed to be bound by defendant's terms (Tr. at 48-49).

 Plaintiff's April 1985 application was rejected since he failed to meet certain of these minimum requirements. Specifically, plaintiff failed to demonstrate that: (a) he had been continuously employed by the same employer for a one year period, and (b) he had sufficient cash or assets to purchase the apartment (Tr. at 85, 115). His July, 1985 "revised application" was rejected for the same reasons (Tr. at 118).

 In August 1985, plaintiff filed a complaint with the New York State Division of Human Rights, alleging that his rejection was due to unlawful discrimination. That complaint is still pending.

 Finally, on October 5, 1985, plaintiff submitted a third application for the apartment. Defendant's representatives refused to consider this application since (a) they had already determined in July that plaintiff did not meet the employment stability requirement, and (b) they had been advised that another individual had applied for the apartment and that his/her application was pending.

 This action was filed on october 22, 1985.

 Discussion

 Injunctive Relief

 In order to state a prima facie case of housing discrimination, the plaintiff must establish ...


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