Curto v. A Country Place Condominium Association, Inc.

921 F.3d 405 (3rd Cir. 2019)

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Nature of the Case

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Facts

D is a '55 and over' age-restricted condominium association. D has a community pool, which reopened in 2011 after being closed for renovations. It is maintained using funds from the $215 monthly maintenance fee paid by each of the community residents. D adopted rules for pool use creating certain hours when only members of a single-sex were allowed to swim. This was done to accommodate the Orthodox principle of tznius or modesty, according to which it is improper for men and women to see each other in a state of undress-including bathing attire. Orthodox residents cannot comfortably swim at a time when members of the opposite sex might be present at the pool. As the Orthodox membership increased, D increased the number of sex-segregated hours. A total of 31.75 hours each week were defined as 'men's swim,' when women were prohibited from using the pool; 34.25 hours were defined as 'women's swim,' when men were prohibited. Only 25 hours were open to people of all genders. Because Orthodox residents would not go swimming on the Jewish Sabbath, only 12 hours during the other six days of the week were available for integrated swimming. A large majority of the hours in the evening were set aside for men, including the period from 6:45 p.m. onward every day of the week (except Saturday) and the entire period from 4:00 p.m. onward on Friday. As for Friday afternoons, this was done because women are at home preparing for the Sabbath during that time. Ps complained and D adopted a modified schedule: D expanded the 'adult residents only' period of 'ladies' swim.' Only the 6:00 to 6:45 p.m. period on Sunday, which went from 'ladies' swim' to 'men's swim,' was allocated to a different gender. the new schedule provided for 56 hours of segregated hours (32.5 hours for men and 33.5 hours for women), along with the same 12 hours of integrated swimming Sunday through Friday. Curto (P) stated that the reason she chose to live there was to go swimming with her family. Steve and Diana Lusardi are, a married couple, stated in the complaint that one reason they moved back to the residential facility (where they had lived previously) was to use the pool together. Diana Lusardi suffered two strokes in 2013, which resulted in physical disabilities, and she wished to engage in pool therapy with her husband. Ps used the pool in violation of the posted schedule and were fined $50 each. Ps filed a complaint alleging violations of the Fair Housing Act as well as several New Jersey state laws. The District Court granted D's motion for summary judgment on the Fair Housing Act claim and declined to exercise supplemental jurisdiction over the state law claims that remained. Ps appealed.