United States District Court, D. Minnesota
Colvin, pro se Plaintiff.
Brittany B. Skemp, Laurel J. Pugh, and Robin Ann Williams,
Bassford Remele, for Defendant.
REPORT AND RECOMMENDATION
T. SCHULTZ UNITED STATES MAGISTRATE JUDGE.
Brenda Colvin filed the present lawsuit against Parkers Lake
Apartments, alleging violations of the Fair Housing
Act, 42 U.S.C. § 3601, et seq. Colvin now seeks
a preliminary injunction to forestall eviction. Because
Colvin has not demonstrated a likelihood of success on the
merits of her fair housing claim, this Court recommends that
Colvin's motion for a preliminary injunction be denied.
also moves for a hearing for a default judgment. For reasons
discussed below, the Court recommends that motion be denied.
first applied for an apartment at Parkers Lake Apartments in
March 2018. Decl. of Brittany B. Skemp Ex. 2 (Myss Deck), at
¶ 3, Docket No. 39-1. Before applying, Colvin informed
the manager at Parkers Lake that she had a prior eviction
that she was expunging, and that she had credit concerns.
Id. at ¶ 5. She applied for a unit with an
eight-month lease and a rent of $1, 636.00 per
month. Id. at ¶ 3. The unit Colvin
originally applied for was deemed a "classic" unit,
having not received updates that other units had.
Id. Because the prior eviction still appeared on
Colvin's rental records, Parkers Lake's tenant
screening software recommended denying her rental
application. Id. at ¶ 6.
Colvin's circumstances, Parkers Lake's community
manager referred the application to the regional manager for
Timberland Partners, the management company for Parkers Lake,
who in turn referred it to Timberland's regional vice
president, Anika Yokanovich. Id. at Ex. 1
¶¶ 2, 7; Ex. 2 ¶ 6. Yokanvich decided to
reject Colvin's application because of the eviction
action that still appeared on her record. Id. at Ex.
1 ¶7. It is unclear from the record whether Yokanovich
knew that Colvin was in the process of expunging the
eviction. Parkers Lake sent Colvin a rejection letter.
Id. at Ex. 2 ¶ 7.
the successful expungement of her prior eviction, Colvin
re-applied to Parkers Lake in May 2018. Id. at
¶ 8. At that time, Parkers Lake had two three-bedroom
apartment units available: Units 1107 and 1112. Id.
at ¶ 9. Unit 1107, which was available July 17, had its
lowest rate at $2, 048 for a 10-month lease. Id.
Unit 1112, available June 3, had its lowest rate at $2, 085
for either a 6-month or 9-month lease. Id. Unlike
both the prior unit she had applied for and unit 1107, unit
1112 had been refurbished. Id. Colvin applied for
Unit 1112 with the 9-month lease option and included with her
application a copy of the order expunging the eviction,
income verification, and a letter from a third-party agency
indicating that it would provide short-term financial
assistance. Id. at ¶¶ 9-11. Parkers Lake
approved this new application and signed a lease agreement
with Colvin. Id. at¶ 11; Pl.'s Exs. pp.
12-13, Docket No. 18.
January 2019, Parkers Lake notified Colvin by letter that all
future rent payments had to be in the form of a money order
or cashier's check, or otherwise approved by Parkers
Lake, claiming it did so because two of Colvin's rent
checks were returned for insufficient funds. Skemp Decl. Ex.
2, at¶ 14; Am. Inj. Req. Ex. 1, at 4, Docket No. 20-1.
Parkers Lak subsequently began eviction proceedings in
Minnesota state court, contending that Colvin owed $7, 502.67
in past-due rent, fees, and other charges. Skemp Decl. Ex. 1,
at ¶ 8. On May 20, 2019, the state court entered
judgment for Parkers Lake to recover the premises, but stayed
issuing a Writ of Recovery of Premises until May 27. Skemp
Decl. Ex. 3.
the same time that Parkers Lake began eviction proceedings,
Colvin filed her first complaint in this action. Compl.,
Docket No. 1. While her application to proceed In forma
pauperis was pending, she filed two amended complaints.
Am. Compl., Docket No. 5; Final Am. Compl., Docket No. 6.
Parkers Lake filed an Answer to the Final Amended Complaint
on May 20, 2019. Answer, Docket No. 15. After completing its
review, the Court granted Colvin's IFP motion on June 4,
2019. Order, Docket No. 35.
Motion for ...