Michelle Stone v. Olderbak Georgetown/Willows, LLC

Omaha, Nebraska civil rights accommodation discrimination lawyers represented the Plaintiff.

Plaintiff filed this action on January 23, 2023, alleging discriminatory housing practices implicating the Fair Housing Act ("FHA”), 42 U.S.C. § 3601, et seq., the Nebraska Fair Housing Act ("NFHA”), Neb. Rev. Stat. § 20-301, et seq., and the Lincoln Municipal Code ("LMC”). (Filing No. 1.) The action arises out of Plaintiff's tenancy at Willows Apartments, which is owned and operated by Defendant. (Filing No. 8.) Plaintiff alleges that during her tenancy at Willows, she was discriminated against based on disability. (Filing No. 8.) On May 26, 2023, the Court entered a Memorandum and Order dismissing Plaintiff's claims to the extent they were premised upon conduct allegedly occurring before May 11, 2020 because they were barred by the applicable statute of limitations. (Filing No. 19.)



On June 9, 2023, Defendant filed its Answer and Counterclaim. (Filing No. 20.) The Counterclaim alleges Plaintiff breached the lease agreement between the parties by failing to pay move-out charges and fees and seeks an award of $1,263.49. (Filing No. 20.) Plaintiff filed an Answer to the Counterclaim on June 29, 2023, asserting she did not breach the lease and that Defendant's claims for breach of contract are discriminatory and made in retaliation for her attempting to enforce her rights under federal, state, and local fair housing laws. (Filing No 21.) The Court entered a Progression Order on August 3, 2023, setting August 28, 2023 as the deadline to move to amend pleadings. (Filing No 25.) The instant Motion for Leave to Amend was filed on August 28, 2023. (Filing No. 26.)





The Fair Housing Act (FHA) of 1968 prohibits discrimination in housing based on several protected characteristics:



Race

Color

National origin

Religion

Sex, including gender identity and sexual orientation

Familial status

Disability



The FHA protects people from discrimination in the following activities: Renting or buying a home, Getting a mortgage, and Seeking housing assistance.



The FHA applies to most housing, including private housing, public housing, and housing that receives federal funding. It also applies to a variety of entities, including landlords, real estate companies, municipalities, banks, and homeowners insurance companies.



Examples of discriminatory housing practices include: Refusing to rent or sell housing, Refusing to negotiate housing, Making housing unavailable to certain applicants, and Offering different terms or conditions to different applicants.



A citizen who has been negatively impacted by alleged housing discrimination can file a complaint with their local government, the relevant State Fair Housing Agency, or the regional Department of Housing and Urban Development (HUD) office.

ORDER ON JOINT MOTION TO DISMISS - IT IS ORDERED that the parties' Joint Motion to Dismiss, Filing 65 , is granted, and this case is dismissed with prejudice, including the counterclaim, with each party to bear its own attorney's fees and costs. Ordered by Judge Brian C. Buescher. (TCL) (Entered: 10/07/2024)