Case Document 47 Filed 08/17/18 Page 1 of 2
US. Department of Justice

United States Attorney
Southern District of New York

 

 

86 Chambers Street, 3rd Floor
New York, NY 10007

August 17, 2018

BY ECF

The Hon. John G. Koeltl
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
Southern District of New York
500 Pearl Street

New York, NY 10007

Re: National Fair HousingAllianee et al. v. Facebook, Inc,
18 Civ. 2689 (JGK)

Dear Judge Koeltl:

I write respectfully, on behalf of the United States of America (the ?Government?), to
inform the Court of our ?ling of a Statement of Interest in connection with the Defendant?s
motion to transfer venue, or alternatively to dismiss the First Amended Complaint (the
?Complaint?) in this case, ?led on July 30, 2018. The Statement of Interest opposes the motion
to dismiss, and takes no position on the motion to transfer venue.

Although the Government is not a party to this action, 28 U.S.C. 517 authorizes the
Attorney General of the United States to send any of?cer of the Department of Justice to ?attend
to the interest of the United States in a suit pending in a court of the United States, or in the
courts of a State, or to attend to any other interest of the United States.? The Justice Department
and the Department of Housing and Urban Development share responsibility for the
enforcement of the Fair Housing Act. See, 42 U.S.C. 3610, 3612, 3614. The United
States frequently ?les Statements of Interest in cases such as this one, that concern the
applicability and interpretation of federal law in which it has enforcement interests. On August
14, 2018, moreover, HUD served an administrative complaint against Facebook for conduct
similar to that alleged in the Complaint, alleging Violations of Sections 3604(a), and 
of the FHA. The Government therefore has a strong interest in this matter, and concurs with
Plaintiffs? argument that the Complaint states a claim under the Fair Housing Act, 42 U.S.C.
3604, and that Facebook is not entitled to immunity under the Communications Decency Act,
47 U.S.C. 230, for the alleged conduct.

The Government is ?ling the Statement of Interest today to avoid any interference with
the brie?ng schedule established by the Court, under which Plaintiffs? opposition to Defendant?s
motion is due one week from today, on August 24, 2018, and Defendant?s reply is due on

 

Letter to the Hon. John G. Koeltl - August 17, 2018

Case Document 47 Filed 08/17/18 Page 2 of 2

Page 2 of2

September 14, 2018. Filing the Statement of Interest today will afford both parties the
opportunity to address the Government?s arguments, should the parties desire to do so.

Counsel for the Government Will be available for oral argument on Defendants? motion

upon the Court?s request, should the Court decide to hold oral argument.

Cc:

Thank you for your attention to this matter.

All Counsel by ECF

By:

Sincerely,

GEOFFREY S. BERMAN
United States Attorney

5? 
i%
DAVID J. KENNEDY
Assistant US. Attorney
Tel.: (212) 637-2733
Fax: (212) 637?0033
E?mail: david.kennedy2@usdoi.gov