Sullivan v. Hernandez

215 F. Supp. 2d 635 (2002)

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Nature of the Case

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Facts

On December 31, 1998, Ps, who are both African-American, met with D, an agent for Noah & Cummings, in order to discuss rental properties. D took Ps to view several properties. They saw 503 Curry Ford Road, which owned by the Carrolls. P completed a rental application for it on December 31, 1998. D delivered the application to Susan Ronan, an agent for Long and Foster who listed the Carrolls' property. Ronan asserts that she did not receive the application until January 4, 1999. A few days before that receipt, Ronan received a rental application for the same property from Partha Bagchi. Long and Foster obtained background information on Ps and Bagchi. Bagchi's salary was $90,000 compared to the Ps' collective salary of approximately $50,000, (2) Ps' had a reserve in mutual funds and bank accounts totaling approximately $27,000, (3) there were two negative credit reports in P's history, (4) P had one prior bankruptcy, and (5) on one prior occasion Bagchi violated a rental lease by vacating a premises more than six months prior to the lease's expiration without landlord approval. On January 8, 2002, Ronan read the reports to Carroll. After listening to these reports, the Carrolls chose to rent the home to Bagchi. P sued D, and both parties moved for summary judgment.