Roy Davis Gash v. Fremont2221 LLC

Summary

On January 14, 2019, Roy Davis Gash filed a Complaint in California Federal court against Fremont2221, LLC . Plaintiff Roy Davis Gash alleges that www.forrent.com is not accessible.

About the defendant

Fremont2221, LLC owns and operates the rental property located at 8749 Imperial Highway, Downey, California.

What the complaint says

The problems the plaintiff describes with the website.

• The website is not accessible to people with speech and/or hearing disabilities.
• For people without disabilities, the Defendants provide all of the information on their websites. For Plaintiffs with disabilities, Defendants require them to travel to the Property to determine if it is accessible, then require them to request the effective communication, and then thereafter to request a reasonable accommodation to the overt and obvious communication barrier

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Discriminatory Practices In Housing Accommodations – Fair Housing Act Claims
• Violation of the California Fair Housing Act
• Claims Under The Americans With Disabilities Act Of 1990
• Claims Under California Accessibility Laws

What the plaintiff asks for

What the plaintiff wants the court to order.

• Plaintiff Gash seeks injunctive relief pursuant to 42 U.S.C. 3613(c) and 42 U.S.C. § 12188(a). Additionally, Plaintiff seeks injunctive relief pursuant to CA Civil Code §52. Pursuant to 42 U.S.C. 3613(c), Plaintiff requests this court to enjoin Defendants to cease their discriminatory practices in housing rental services, rental housing management services, and for Defendants to implement written policies and methods to respond to reasonable accommodation and reasonable modification requests. Pursuant to 42 U.S.C. § 12188(a), Plaintiff requests this Court enjoin Defendants to remove all barriers to equal access to Plaintiff in, at, or on their facilities, including but not limited to architectural and communicative barriers in the provision of Defendants’ rental services. Plaintiff does not seek injunctive relief pursuant to Cal. Civil Code §55 and Plaintiff does not seek attorneys’ fees pursuant to Cal. Civil Code §55. Plaintiff does not seek any relief at all pursuant to Cal. Civil Code §55.
• Plaintiff Gash seeks actual damages pursuant to 42 U.S.C. 3613(c).
• Plaintiff Gash also seeks recovery of actual damages pursuant to Cal. Civil Code §§ 52 or 54.3
• Plaintiff Gash seeks $4,000 in minimum statutory damages pursuant to Cal. Civil Code § 52 for each and every offense of Civil Code § 51, pursuant to Munson v. Del Taco, (June 2009) 46 Cal. 4th 661
• In the alternative to the damages pursuant to Cal. Civil Code § 52 in Paragraph D above, Plaintiff Gash seeks $1,000 in minimum statutory damages pursuant to Cal. Civil Code § 54.3 for each and every offense of Civil Code § 54.1
• Plaintiff Gash seeks attorneys' fees pursuant to 42 U.S.C. 3613(c)(2), 42 U.S.C. § 12205, and Cal. Civil Code §§ 52, 54.3
• Plaintiff Gash seeks treble damages pursuant to Cal. Civil Code §§ 52(a) or 54.3(a)
• Plaintiff Gash is seeking prospective injunctive relief to require the Defendants to provide obvious reasonable accommodations, to provide the required auxiliary aids and to modify Defendants’ procedures, practices, and policies of the Defendants in the provision of Defendants’ rental services. Without prospective relief, Plaintiff will suffer future harm
• Plaintiff Gash seeks a Jury Trial
• For such other further relief as the court deems proper