Summary Judgment Granted in Federal Court Case as to Liability Under Section 804(c) of the Fair Housing Act
Summary judgment has been granted as to liability in a familial status case. The case arose after the following email exchange:
[Czerwinski:] Okay. Please let me know when you will be around. We are looking to move around the week of the 20th. We are currently renting a house already on Rosslyn and have been here for almost two years. Our daughter is almost 2 years old. We are going to need to find a new place because the house will be sold in a foreclosure auction soon.
[Gallagher:] I can show you the property. Looking for tenants with no children.
[Czerwinski:] That seems prejudice to me. Why? I’m pretty sure that’s discrimination and you could be sued for that! You might want to watch what you say In an e-mail. Now I definitely don’t want to rent from you. How rude!
[Gallagher:] Thanks for the heads up but this is an empty nesters property only. Good luck
[Czerwinski:] Oh well good luck to you too because I reported you to Michigan fair housing authority! You might want to look into landlord tenant rental laws before you so rudely descriminate! [sic] What is your problem with children anyhow? Rude!!
[Gallagher:] What a waste of time. I’m not a company and the laws don’t apply to individuals.
Ms. Czerwinski is represented by attorney Carron L. Pinkins, of Pinkins & Pinkins, PLLC, in Detroit, MI. The ruling was made by United States District Judge Paul D. Borman, of the Eastern District of Michigan.
The case will now proceed to a determination of damages incurred by Ms. Czerwinski, as well as any punitive damages that may be awarded by the jury in the case.
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Order Granting Plaintiff's Motion for Summary Judgment,
Czerwinski v. Gallagher,
No. 20-12091 (E.D. Mich. March 14, 2023).
Address: 5555 Conner St., Suite 2244 Detroit, MI 48213-3487
Phone: (313) 579-FAIR
Fax: (313) 963-4817
Email: info@fairhousingdetroit.org
Address: 5555 Conner St., Suite 2244, Detroit, MI 48213-3487
Phone: 313-579-FAIR
Fax: 313-963-4817
Email: info@fairhousingdetroit.org
Address: 5555 Conner, Suite 2244, Detroit, MI 48213-3487
Phone: 313-579-FAIR
Fax: 313-963-4817
Email: info@fairhousingdetroit.org