SOVEREIGN IMMUNITY

摘要

The U.S. District Court for the Southern District of New York dismissed without prejudice a tenant's complaint against the Fair Housing and Equal Opportunity Agency of the U.S. Department of Housing and Urban Development for allegedly forcing her eviction, where there was no statutory waiver of sovereign immunity under the governing FHA, and instead complainants were limited to actions directly against FHA employees when acting in their official capacities. Commissiong v. U.S. Department of Housing and Urban Development, 2021 WL 634996, 19-CV-8390 (VSB) (S.D.N.Y. Fen 16, 2021). Carol Commissiong filed an administrative complaint on February 26, 2018, with the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity ("FHEO"). The complaint was directed against Island House Tenants Corp. and IH Preservation Partners, LLC; David B. Hirschhorn, Island House Tenants Corp. Vice President and Manager of IH Preservation Partners LLC; Mark Greenberg Real Estate Co. LLC, and various of its employees. Commissiong alleged that the Respondents refused to renew her lease, overbilled her and added excessive rent charges, turned off her utilities, and refused to make repairs to her apartment, to force her to vacate the apartment because of her sex, race and national origin, in violation of the Fair Housing Act ("FHA").