SUSAN WEBBER WRIGHT, District Judge.
Plaintiffs Robyn G. Edwards ("Edwards") and Mikki Adams ("Adams"), proceeding pro se and in forma pauperis, bring this action under the Fair Housing Act ("FHA") against Gene Salter Properties, Inc. ("Salter Properties"), Salter Construction, Inc. ("Salter Construction") and Brittany Pringle ("Pringle"), claiming that Defendants discriminated against them by denying their applications to rent an apartment. Before the Court are cross-motions for summary judgment: Plaintiffs' motion for summary judgment [ECF No. 46] and Defendants' response in opposition [ECF Nos. 47, 48, 49] and Defendants' motion for summary judgment [ECF Nos. 50, 51, 52].
Summary judgment is appropriate when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). As a prerequisite to summary judgment, a moving party must demonstrate "an absence of evidence to support the non-moving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Once the moving party has properly supported its motion for summary judgment, the non-moving party must "do more than simply show there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)
The non-moving party may not rest on mere allegations or denials of his pleading but must come forward with `specific facts showing a genuine issue for trial. Id. at 587. "[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party." RSBI Aerospace, Inc. v. Affiliated FM Ins. Co., 49 F.3d 399, 401 (8th Cir. 1995).
The following facts are undisputed.
As property manager, Pringle collected rental applications and supporting documents, and she had no discretion to deviate from her employer's income verification policy without permission from an upper-level manager. When Pringle received an application, her task was to enter the information to a software program that would process the data and approve or deny the application. Pringle would then communicate the decision to the applicant.
Adams and Edwards are mother and daughter. In July 2015, Edwards completed an online rental application for a Brentwood apartment that she and Adams planned to share. At the time, neither Edwards nor Adams had a job, but Edwards received social security disability and rental income, and Adams received social security retirement income. After Pringle received Plaintiffs' application, she instructed Edwards to send a copy of her most recent income tax returns to verify her income. Edwards replied that neither she nor her mother had any "IRS/Tax information to report." Edwards wrote: "To verify our income, however, I sent our Social Security Administration documentation . . . in addition to a copy of the lease agreement between myself and the tenant who . . . pays $1,000 a month."
Edwards then telephoned Pringle and offered to provide bank statements as proof of income, but Pringle repeated Salter Properties' income verification policy. In deposition, Edwards recalled her reaction: "I just said, okay, fine. There's nothing else I can do. And I called to get my $60 back from Pay Lease."
On September 14, 2015, Edwards and Adams commenced this FHA discrimination action pro se, charging that Defendants rejected their rental applications because Edwards is an individual with a disability. The Court granted Defendants' motion to dismiss, finding that whether Plaintiffs proceed under a disparate treatment, disparate impact, or failure to accommodate theory, they failed to state a plausible discrimination claim. On appeal, the Eighth Circuit agreed that Plaintiffs failed to allege disparate treatment or disparate impact, but it concluded that Plaintiffs sufficiently alleged that defendants violated the FHA by failing to make a reasonable accommodation necessary to afford them the equal opportunity to rent an apartment.
The FHA makes it unlawful to "discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any . . . renter because of a handicap." 42 U.S.C. § 3604(f)(1). Discriminatory conduct prohibited under the FHA includes the "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling[.]" 42 U.S.C. § 3604(f)(3)(B).
To merit summary adjudication in their favor, Plaintiffs must show that there is no factual dispute as to any element of their claims, and they bear the initial burden to inform the Court of the basis for their motion. To succeed with an FHA failure to accommodate claim, a plaintiff must show among other things that she or her associate is handicapped within the meaning of the FHA and that the requested accommodation was reasonable and necessary. See King's Ranch of Jonesboro, Inc. v. City of Jonesboro, No. 3:10CV00096 JLH, 2011 WL 1544697 (E.D. Ark. April 25, 2011)(citing Wisconsin Cmty. Servs., Inc. v. City of Milwaukee, 465 F.3d 737, 748 (7th Cir. 2006)(citing 42 U.S.C. § 3604(f)(3)(B)). Here, Plaintiffs offer no more than the complaint allegations to support their motion, and they argue that it is "obvious" that "some of Defendants' housing rules and regulations, such as which resulted in this lawsuit, are clearly discriminatory and out of compliance with the Fair Housing Act."
Defendants seek summary judgment on several grounds. First, they note that Adams has conceded that she is not handicapped within the meaning of the FHA. However, the FHA affords a private cause of action to any "aggrieved person," see 42 U.S.C. § 3613(a)(1)(A), and an "aggrieved person" includes a person such as Adams, who claims to have been injured by a discriminatory housing practice.
Second, Defendants assert that Plaintiffs are unable to show that the requested accommodation — that is, granting an exception to Salter Properties' income-verification policy — was necessary.
A person has a "handicap" under the FHA if she has a physical or mental impairment that substantially limits one or more of her major life activities. See 42 U.S.C. 3602(h). In this case, it is difficult to assess whether the requested accommodation would ameliorate the effect of Edward's handicap because Plaintiffs offer no information about Edwards's specific impairment and its effect a major life activity. Edwards's receipt of social security disability benefits is relevant to whether she is substantially limited in the major life activity of working, but it is not conclusive. See Jobst v. Camelot Village Ass'n, Inc., 94 Fed. Appx. 356, 357 (7th Cir. 2004).
Even assuming that Edwards has a physical or mental impairment that substantially limits the major life activity of working, Plaintiffs do not argue and present no evidence to show that the requested modification of Salter-Properties' income-verification policy would have mitigated the effects of Edwards's handicap and achieved the goal of providing her equal opportunity in the housing market. Defendants note that Edwards's testimony indicates that she refused to consider the option of obtaining a cosigner, which would have negated the need for an accommodation.
Plaintiffs offer no arguments or evidence indicating that Edwards's handicap prevented her from complying with Salter Properties' income-verification policy. Accordingly, the Court finds no issues for trial as to whether a modification of the policy was necessary to afford Edwards an equal opportunity to use and enjoy a Brentwood apartment, and Defendants are entitled to summary judgment.
Third, Defendants maintain that Plaintiffs failed to engage in a good-faith, interactive process to determine whether a reasonable accommodation was necessary or possible. Under the Americans with Disabilities Act ("ADA"), an employer's obligation to provide a reasonable accommodation is determined through an "`informal, interactive process between the employer and the employee, identifying the limitations arising from the disability and potential reasonable accommodations that could overcome those limitations.'" Ballard v. Rubin, 284 F.3d 957, 960 (8th Cir. 2002)(quoting Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944, 951 (8th Cir.1999) (quoting 29 C.F.R. § 1630.2(o) (3)). An employer's failure to engage in the interactive process, which is triggered by an employee's affirmative request for accommodation, is evidence of bad faith. However, an employer is not responsible for failing to provide a reasonable accommodation where the employee impedes the interactive process by failing to cooperate. See Kratzer v. Rockwell Collins, Inc., 398 F.3d 1040, 1045 (8th Cir. 2005)(finding employer not responsible for failing to provide reasonable accommodation where employee refused to provide updated information about her restrictions after she agreed to do so).
Here, Defendants argue that they are entitled to judgment as a matter of law because Plaintiffs "did not even begin to participate in a good-faith interactive process with Salter Properties. . . ."
Fourth, Pringle asserts that she is entitled to judgment as a matter of law because she had only a ministerial role in carrying out Salter Properties' income-verification policy and she had no discretion to grant exceptions. The Court agrees. In light of the undisputed facts regarding Pringle's involvement in the application process, there are no issues for trial regarding Pringle's liability.
Fifth, Salter Construction asserts that it is entitled to judgment as a matter of law because it had no personal involvement in any issues before the Court. Salter Construction correctly notes that the complaint is void of allegations concerning conduct on its part, and the company has submitted evidence showing that it is an entity separate from Salter Properties and has no involvement in property management.
Sixth, in addition to seeking summary judgment on the merits, Pringle seeks dismissal for insufficient process and insufficient service of process.
By affidavit, Pringle reports that copies of the summons and complaint were mailed to the Brentwood Apartments after her employment with Salter Properties ended and that the attempted service did not satisfy Rule 4 of the Federal Rules of Civil Procedure. The undisputed record shows that Pringle was never served a copy of the complaint and summons as required under Rule 4.
For the reasons stated, Plaintiffs' motion for summary judgment [ECF No. 46] is DENIED, and Defendants' motion for summary judgment [ECF No. 50] is GRANTED. Pursuant to the judgment entered together with this order, this action is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.