Free Motion to Compel - District Court of Connecticut - Connecticut

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P i Case 3:03-cv—00968—WIG Document 147-2 Filed 07/19/2005 Page 1 of 4
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UNITED STATES DISTRICT COURT *
DISTRICT OF CONNECTICUT N
THOMAS MATYASOVSZKY ET AL., on behalf of themselves :
and all other similarly situated, : CIVIL ACTION NO
Plaintiffs, :
v. ; 3:03 CI/968 (WIG)
HOUSING AUTHORITY OF THE CITY OF BRIDGEPORT 2
ET AL. ; JULY II, 2005
Defendants. .I ·;; Tm,
PLAINTIFFS* MEMORANDUM OF LAW IN SUPPORT QF I
, MOTION TO COMPEL PRODUCTION jg fj ._ ~
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The defendant Bridgeport Housing Authority ("BHA") owns and operates; i"
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approximately six hundred units of “mixed population" public housing. Mixed R
population housing units are intended under law for occupancy by both elderly and I
disabled tenants. Federal regulation requires the BHA to make such units available, on an
equal basis, to both the elderly and the disabled. 4
With full knowledge of the eligibility criteria for mixed population units, and with j
full knowledge of the illegality of their actions, the defendants chose to exclude the
disabled from the Fireside complex, which is mixed population housing. Disabled
tenants were instead steered into other, less safe and desirable complexes, and forced to
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ii Case 3:03-cv—00968—W|G Document 147-2 Filed 07/19/2005 Page 2 of 4
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remain on the BHA’s waiting lists far longer than would have been necessary if
defendants had complied with federal law. A I _ I
Plaintiffs have prosecuted this action on behalf of themselves and all similarly C
situated is disabled applicants or potential applicants to the Bridgeport Housing i
1 Authority.
A BROCEDURAL HISTORY ` I
By letter dated May 23, 2005 (exh. A), and by telephone on several occasions A
‘ prior thereto, plaintiffs have requested access to review all tenant and applicant files for
_ individuals whose names appear of on the BHA’s July 27, 2004 waiting list. The
purpose for requesting access to these documents is to enable plaintiffs to determine the
_ extent to which the disabled have been undercounted bythe BHA because of its use of an
illegal standard to identify disabled applicants and due to administrative error. From this l
infomation, plaintiffs will determine an approximate ratio of elderly to disabled on the
I - July, 2004 waiting list. l
On June 29, 2005, plaintiffs provided defendants’ counsel with a list of names _ N
from that list for whom no documents have been provided that would permit a F
5 determination as to whether they were disabled. A copy of that list is attached as exhibit
B, paragraph 2 of the attachment to email. To date, plaintiff has not been provided with
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access to these tiles.
Plaintiff has also requested that defendants provide pre—applications and
assignment of unit letters for each person who has been assigned a single-bedroom unit by
the defendant BHA since the fall. This information had been provided to plaintiffs as part
of defendants’ continuing obligation to provide documents pursuant to plaintiffs’ earlier
productions requests through in or about September, 2004. Then compliance stopped. U
See plaintiffs tirst two production requests, dated October 13 and 14, 2003, especially
requests numbered l8 through 24, attached collectively as exhibit C. Note histories,
which provide very little ofthe information requested by plaintiffs, have been provided.
The documents containing the information sought by plaintiffs have not been provided to
date.
Since defendants’ obiections to any of these requests have all been resolved long
ago, and there is no dispute that plaintiffs are entitled to these documents, defendants l
should be ordered to provide them immediately.
Wl--IEREFORE, plaintiffs seek an order lrom this Court compelling defendants to l
provide to plaintiffs’ counsel access to, or copies ofthe documents themselves, on or i l
before July 25, 2005.
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Case 3:03-cv—00968—W|G Document 147-2 Filed 07/19/2005 Page 4 of 4 I
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Respectfully submitted, I
By@@&q )
Alan Rosner, Esq. (Ct 10414) 3
11 15 Main Street, Suite 415 Q
Bridgeport, CT 06604
(203) 384-1245
Fax (203) 3844246
/\la111r‘oS1g_er@ac>l com
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