Section 3604

Citation: Section 3604
Parent Document: Francis v. Kings Park Manor, Inc., 944 F.3d 370 (2019)
Jurisdiction: United States (federal)
Effective Date: 2019-12-06
Original Source: https://www.courtlistener.com/opinion/4684833/francis-v-kings-park-manor-inc/ ↗

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10   Thus, the majority cannot construe Francis’s allegations to state a claim for
constructive eviction because, even assuming that inaction could ground such a
claim, Francis’s own complaint affirms that he renewed his lease (rendering
implausible any assertion that he was constructively evicted) during the very
period that the KPM Defendants were supposedly incurring liability for their
inaction. See Bloch, 587 F.3d at 777 (“Proving constructive eviction is a tall order.
. . . Ordinarily, the plaintiff in such a case must show her residence is ‘unfit for
occupancy,’ often to the point that she is ‘compelled to leave’” (quoting Black’s Law
Dictionary 594 (8th ed. 2004))).

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