United States District Court, D. New Jersey
MART A BIDA, on behalf of herself and all other similarly situated, Plaintiffs,
SHUSTER MANAGEMENT LLC; SHUSTER PROPERTY MANAGEMENT LLC; 333 FAIRMONT CONDOMINIUM ASSOCIATION, INC., Defendants.
McNulty United States District Judge
matter comes before the Court on the motions of defendant 333
Fairmont Condominium Association, Inc.
("Association") (DE 3) and Shuster Property
Management LLC ("Property Management") (DE 10) to
dismiss the Complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6). Also before the Court is plaintiff Marta
Bida's motion to file her opposition to Property
Management's motion out of time. (DE 13).
plaintiff, Marta Bida, is the owner of a condominium unit
located on Fairmont Avenue in Jersey City, New Jersey. The
Association and Property Management have certain rules that
owners are required follow if they wish to rent out their
units to others. Those rules require that the owner obtain a
credit report and background check from the prospective
tenant, as well as a copy of the tenant's social security
claims that these rules cause a disparate impact on the basis
of national origin, ethnicity, ancestry, and race. Her
complaint alleges individual and class action claims under
the New Jersey Law Against Discrimination ("NJLAD")
and the Federal Fair Housing Act ("FHA"). She also
alleges a claim of civil conspiracy against the defendants.
following reasons, Bida's motion to File an opposition
out of time is granted. Defendants' motions to dismiss
the complaint are granted without prejudice to the filing of
an appropriate motion to amend within thirty days.
owns a condominium unit located on Fairmont Avenue in Jersey
City, New Jersey, (Compl. ¶l). Defendant Association is
a condominium association formed under the New Jersey
Condominium Act. (Compl. ¶2; N.J. Stat. Ann. §
46:8B-1, et seq.). Defendant Shuster Property Management LLC
is the property manager. (Compl. ¶3).
of its "rules and regulations," the Property
Manager and Association disseminate a "leasing
rider," which sets forth certain obligations on unit
owners who wish to rent their units to others. (Compl.,
as owner, is permitted to rent out her unit provided that she
secures a social security card, background check, and credit
check from the prospective tenant. (Compl. ¶¶12,
16). The leasing rider, attach as an exhibit to the
Complaint, provides as follows:
The Building has certain rules regarding the leasing of
apartment which must be acknowledge and agreed to by all
purchasers of units in the building.
Please be advised of the following:
1. All tenants must be approved by the Managing Agent.
2. No. lease may be signed for a period of less than one (1)
3. An application fee of $250.00 payable to Shuster Property
Management is required.
4. A copy of the tenant/s ID and SS Card is required.
5. Filled out application
6. A copy of credit report and background check is ...