Ali v. Louisville Metro Hous. Auth.

Full title: YUSEF ABDULLAH BILAL ALI, Plaintiffs, v. LOUISVILLE METRO HOUSING AUTHORITY, et al., Defendants.

Court: United States District Court, Western District of Kentucky

Date published: Dec 12, 2022

Facts

The plaintiff, who has resided in Louisville public housing since 2019, has been a tenant of the facility since August 2020. In March 2022, the plaintiff’s emotional support dog was involved in a confrontation with another dog, leading to a dispute over the need for accommodation. The plaintiff requested accommodation for his dog to be off-leash for training purposes during surgical recovery but was denied by Kelly, the site manager.

The plaintiff then requested immediate emergency relocation to another ‘Scattered Site’ Housing Unit due to safety concerns. Kelly approved the request and advised that the transfer date would depend on a waitlist for one-bedroom units. The plaintiff then sent a letter to LMHA staff stating that he would file a lawsuit for relief in U.S. District Court for the ongoing discrimination, harassment, retaliation, and unsafe living conditions created for him and his Emotional Support Animal.

The plaintiff’s lease agreement requires accurate information and certifications regarding family composition and income to determine rent, eligibility, and appropriateness of dwelling size. LMHA sent the plaintiff a letter instructing him to complete and return several attached recertification forms and appear for a recertification interview. The plaintiff responded with a “Notice to cease” to LMHA’s counsel, asserting that LMHA and its representatives are retaliating against him for ongoing complaints seeking illegal eviction in violation of both state and federal law.

The court denied the plaintiff’s request for a temporary restraining order and preliminary injunction, stating that the record does not establish that the plaintiff faces an immediate threat of eviction. The court ordered Defendants to respond to the plaintiff’s request for preliminary injunction and set the matter for a telephonic status conference, which Magistrate Judge Regina S. Edwards conducted on December 6, 2022.

Issue

Decision

IT IS HEREBY ORDERED as follows:

1. Motion for Leave to Supplement Exhibits for Preliminary Injunction Record [R. 18] is GRANTED. The non-electronic exhibits filed with the Clerk of Court are taken under the Court’s consideration.

2. Motion for Leave to File Supplemental Exhibit [R. 17] is DENIED as moot.

3. Plaintiff’s Motion for Preliminary Injunction [R. 9] is DENIED.

4. On or before December 16, 2022, the Parties shall contact the Case Manager for Magistrate Judge Regina S. Edwards, Ashley Henry, at ashleyhenry@kywd.uscourts.gov and provide the dates in December 2022 and January 2023 on which they are available to participate in a settlement conference. A settlement conference will be set by separate order.

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