Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

4 `I JS Case 3:03-cv—009(iExWIG Document 66 Filed 04/1 412004 Page 1 of 3 4
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4 U.S.D1STRICT COURT 4
UNITED STATES DISTRICT COURT BR4UGEF’0RI CONN 4
4 DISTRICT OF CONNECTICUT E
4. THOMAS MATYASOVSZKY, on behalf of :
himself and all others similarly situated, : .
4 Plaintiff, : CIVIL ACTION NO. 4
4 : NO. 3:03 968 (WIG) - 4
4 V. : 4
4 HOUSING AUTHORITY OF THE CITY OF 4
4 BRIDGEPORT et al. . : APRIL 13, 2004 4
_ Defend ants. :
4 MOTION T ‘O AMEND COMPLAINT 4 4
I AND JOIN JUDIT GRIDF-TISZA AS PARTY DEFENDANT 4
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Plaintiff Thomas Matyasovszky, pursuant to Rules l5(a) and 20(a) of the Federal
Rules of Civil Procedure, hereby moves this Court for an order granting him leave to
amend his complaint to add a fifth count, and to join Iudit Grof-Tizsa, recently appointed 4
Acting Executive Director of the Hotsing Authority of the City of Bridgeport ("BHA"),
as a party defendant. This motion is based upon the following facts: 4
l. This action was filed on May 30, 2003 against defendant Collin Vice, as I
Executive Director of the BHA, and others, to challenge their policy and practice of 4
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ORAL ARGUMENT REQUESTED l
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i _ Case 3:03-cv—OO9€8yV|G Document 66 Filed O4/@004 Page 2 of 3
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* operating a public housing complex intended equally for both elderly and disabled tenants
as an "elderly only” complex. Plaintiff has alleged violations of the state and federal fair
R housing acts, the Americans with Disabilities Act, and the Rehabilitation Act. l
2 2. Defendant Vice served as Executive Director until on or about December 22, -
I 2003. Ms. Vice oversaw the unlawful operation of Fireside Apartments as an "elderly
7 only" complex, and failed and refused to rescind the discriminatory practices and policies P
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l that denied disabled persons access to public housing intended for disabled persons.
3. Acting Executive Director Grof-Tisza stands officially in the stead of
defendant Vice. Like defendant Vice before her, she has failed and refused to rescind the
discriminatory practices and policies that denied disabled persons access to public
housing intended for disabled persons.
4. On or about March 23, 2004, the defendants proffered, pursuant to a discovery
request, evidence of how the defendants carried out their discriminatory aims by failing to E
adhere to application procedures published for public comment and approved bythe P
United States Department of Housing and Urban Development ("HUD"), in the fonn of
their Admissions and Continued Occupancy Plan ("ACOP"). Such evidence includes a
"Senior Appointment List,” maintained for the purpose of expediting the admission of
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{ Q 'I Case 3:03-cv—OO9?T\§V|G Document 66 Filed O4/165004 Page 3 of 3
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§ persons over the age of 62 to the Fireside Apartments. This list creates a separate waiting
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( list for “elderly-only" housing even though none of the BHA’s public housing has been
\ designated “elderly only," and therelore departs from the BHA’s own policies as exp- l
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ressed in its ACOP. Such departures: violate the due process rights of applicants and l
prospective applicants.
5. The defendants will suffer no prejudice, as the facts arise from the same 1
l transaction, were previously known to the defendants, and the defendants were on notice
\ of the plaintiffs intention to use sucl1 facts as evidence throughout discovery.
it 6. A copy of the proposed amended complaint is attached hereto.
X THE PLAINTIFF THOMAS MATYASOVSZKY
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By
Jenni ickery, q. (CT24089)
1115 ain Stre , Suite 415
Bridgeport, CT 06604
Tel (203) 384-1245
1 Fax (203) 384-1246
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