Abdelhalim v. Lewis, Civil Action No. 1:19-cv-858

NAGLA ABDELHALIM, Plaintiff, v. AARON LEWIS, et al., Defendants.

Civil Action No. 1:19-cv-858

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division

June 17, 2020

Hon. Liam O'Grady

MEMORANDUM OPINION & ORDER

Before the Court are summary judgment motions from the remaining Defendants: Defendants Aaron Lewis and Dinara Lewis' ("Lewis Defendants") Motion for Summary Judgment (Dkt. 66); and Defendants Andrew McDevitt and Roxana McDevitt's ("McDevitt Defendants") Motion for Summary Judgment (Dkt. 68). The motions are fully briefed, and the Court dispensed with oral argument because it would not aid in the decisional process.

I. BACKGROUND

Plaintiff Nagla Abdelhalim ("Plaintiff" or "Ms. Abdelhalim") brings suit against the Lewis and McDevitt Defendants alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq ("FHA" or "Act"), Conspiracy to Interfere with Civil Rights under 42 U.S.C. § 1985, and common law conspiracy. Dkt. 32 ("Am. Compl."). Specifically, ten Counts remain at bar: (I-IV) Violation of FHA, 42 U.S.C. § 3617, against Aaron Lewis, Dinara Lewis, Andrew McDevitt, and Roxana McDevitt, respectively; (V-VIII) Violation of 42 U.S.C. § 1982, against Aaron Lewis, Dinara Lewis, Andrew McDevitt, and Roxana McDevitt, respectively; (IX) Conspiracy in Violation of 42 U.S.C. § 1985(3), against Mr. and Mrs. Lewis and Mr. and Mrs. McDevitt; and (X) Common Law Conspiracy Against Mr. and Mrs. Lewis and Mr. and Mrs. McDevitt.¹

II. MATERIAL UNDISPUTED FACTS

The Parties reside on Garden Stone Lane in Fairfax, Virginia 22031 in consecutive, detached single-family houses. Plaintiff's residence is situated immediately between the houses of the Lewis Defendants and the McDevitt Defendants, and Plaintiff's lot shares a pipe-stem driveway with the Lewis Defendants. The Parties' houses are on a cul-de-sac. Dkt. 67, Lewis Statement of Undisputed Material Facts ("L-SUMF") ¶ 8. Further, the Parties are all members of the Armistead Park Homeowners' Association ("HOA"). Ms. Abdelhalim purchased the residence at 8921 Garden Stone Lane on September 18, 2017 and has lived there since moving in shortly after the purchase. Am. Compl. ¶ 11. Plaintiff's brother, Haitham, lives with her. Ms. Abdelhalim is an Egyptian immigrant, is Muslim, and wears a Hijab in public. Id. ¶ 9.

The Lewis and McDevitt Defendants both lived in their respective houses at 8920 and 8919 Garden Stone Lane when Plaintiff moved to the cul-de-sac in 2017; they continue to be Ms. Abdelhalim's immediate neighbors. Mrs. Lewis is a Russian immigrant, Muslim, and Caucasian. Dkt. 69, McDevitt Statement of Undisputed Material Facts ("M-SUMF") ¶ 7. At all relevant times, the Lewis Defendants lived with their two children under the age of eight as well as Mrs. McDevitt's mother. Id. ¶ 8. Mr. McDevitt is Caucasian and Roman Catholic/Christian. Id. ¶ 10. Mrs. McDevitt is a Bolivian immigrant, is Hispanic/Latina, and is Roman Catholic/Christian. Id. ¶ 11. The McDevitt residence also included at all relevant times, their daughter, who was under thirteen years of age. Id. ¶ 12.

Plaintiff rented the basement portion of her house to short-term tenants, using Airbnb at times to advertise its availability. See, e.g., Dkt. 77, Plaintiff Statement of Facts in Dispute ("PSF-L") ¶¶ 1-3. From March 2018 to early May 2018, the listing appeared on Airbnb, and Ms. Abdelhalim had approximately nine tenants rent the basement space for spans of three to twenty-eight days at a time between March 2018 and June 2018. M-SUMF ¶ 19; see also L-SUMF ¶¶ 11-13. Defendants complained of increased vehicular traffic, overall safety concerns, and reduced visitor parking as a result of the rentals. M-SUMF ¶ 20; L-SUMF ¶ 14. Ms. Abdelhalim does not view her short-term rentals as creating safety concerns for her neighbors. Id. 21; Nagda Abdelhalim Deposition, Oct. 21, 2019 ("NA Dep."), 68:7-69:4. Indeed, it is undisputed that Plaintiff had another property outside Armistead Park in Silent Valley, which she routinely rented on a short-term basis in 2018. M-SUMF ¶ 23.

On May 5, 2018, Mr. and Mrs. McDevitt, Mrs. Lewis, and Jenna Fox went to Plaintiff's house and stood together at her front door;² they knocked, and when Ms. Abdelhalim opened the door, she remained inside. See PSF-L ¶¶ 5-8; L-SUMF ¶¶ 17-27; M-SUMF ¶¶ 25-28. The neighbors at Plaintiff's doorstep voiced their concerns surrounding the rental activity they had observed at Ms. Abdelhalim's residence and asked that she stop renting the space. Id. Mr. McDevitt and others cited the rules of the HOA and a Fairfax County ordinance in arguing that the rentals were illegal. L-SUMF ¶ 22; M-SUMF ¶ 25. The interaction lasted approximately forty minutes, during which time Mrs. Lewis asked Plaintiff how much money she made and where she worked. L-SUMF ¶¶ 25-26. Mr. McDevitt, with Mrs. Lewis in agreement, said he would make Ms. Abdelhalim's life miserable. Id. ¶ 29. At some point during the interaction,Plaintiff's brother, Haitham, came to the door and addressed the neighbors, asking them to leave. Lewis PSF ¶ 8. Plaintiff installed security cameras shortly after this encounter. Id.

Approximately ten days later, all Parties attended their Armistead Park HOA meeting. Mr. McDevitt formerly served on the HOA Board of Directors, but left that role in 2016. M-SUMF ¶ 18. He expressed interest in safety issues in the neighborhood for several years, including opposition to short-term rentals in March 2016, well before Plaintiff moved to the neighborhood. Id. At the May 15, 2018 HOA meeting, Defendants voiced concerns about the short-term rental activity; Mr. McDevitt spoke of safety concerns. L-SUMF ¶ 22. Plaintiff indicated that she removed her Airbnb listing and would stop the short-term rentals. See M-SUMF ¶ 30; PSF-L ¶ 10. The HOA minutes from the meeting indicate that the Board deferred to Fairfax County's law and regulations, as the HOA had not memorialized its own short-term rental policy. Pl.'s Ex. 86 ("Fairfax county rules specifically do not provide for [short-term rentals] - except for 'Bed and Breakfasts', with a very specific definition . . . Board discussed putting a notice in the newsletter.").

Plaintiff took down the rental listing for her house by the time of the HOA meeting, but had existing commitments to tenants to fulfill in May and June. PSF-L ¶ 10. Ms. Abdelhalim went forward with the remaining rentals, which extended through June 15, 2018. PSF-L ¶¶ 9-10. Defendants were not amenable to any rentals past the May 5, 2018 visit to Plaintiff's home, nor the May 15 HOA meeting, where Plaintiff said she would stop the short-term rentals. PSF-L ¶ 10 (citing NA Dep. 84); see Andrew McDevitt ("AM") Decl. ¶ 34, Ex. J at 1 (May 27, 2020 email from Mr. McDevitt to the HOA Board, stating "[w]e do not care if she 'felt' that she must uphold any commitments made to any/all future AirBnB guests of hers. That is not our problem."). Defendants witnessed additional tenants beginning May 23, June 12, and June 22,respectively. M-SUMF ¶¶ 33-34; Pl.'s Ex. 41 at 2. Later, in July 2018, Plaintiff rented to a long-term tenant, which was permitted by the HOA. PSF-M ¶¶ 29-30.

On May 27, 2018, Mr. McDevitt wrote a detailed complaint regarding Plaintiff's short-term rentals and sent it to the HOA Board via an email to HOA Secretary Travis Collins; in response, Mr. Collins stated his belief that the Board agreed with Mr. McDevitt, and that "short term rentals should not be happening in our neighborhood . . . [i]f you see any additional activity - please do submit that evidence to us." AM Decl. ¶ 34, Ex. J at 1. As there was nothing specific to the HOA that addressed short-term rentals at that time, Mr. Collins directed Mr. McDevitt to take the "extra-HOA information" to the county. Id.

On June 19, 2018, Mr. McDevitt indeed submitted complaints to Fairfax County authorities regarding Plaintiff's short-term tenants, indicating illegal rentals at both the Armistead Park and the Silent Valley properties. M-SUMF ¶ 36; PSF-M ¶ ¶ 20-21. Due to these complaints, county inspectors made twelve visits, collectively, to Plaintiff's two properties. PSF-M ¶ 21. On July 1, 2018, Plaintiff rented the basement to two individuals for a year-long term, which is not prohibited in Fairfax County. M-SUMF ¶ 37. Upon inspection of Plaintiff's house on July 3, 2018, the long-term tenants resided in the basement with clear access between the basement and first floor of the dwelling. Pl.'s Ex. 41 at 1. This configuration did not violate the Zoning Ordinance observed at the time of inspection, and the case was closed. Id.

Over an extended period of time, Defendants took numerous photos of cars and suspected tenants outside the Abdelhalim residence. PSF ¶ 19 (citing Pl.'s Exs. 50, 52); id. ¶ 23. Beginning June 7 and continuing through November 2018, Plaintiff claims the Lewis Defendants parked cars to block access to the pipe stem driveway or block cars in behind the houses such that Plaintiff was forced to park her car on the street instead. L-SUMF ¶ 55; PSF-L ¶ 20 (citingphotographs at Pl.'s Exs. 51, 53-63, 70). On June 29, 2018, either or both of the Lewis Defendants began pulling cars up to the back of Ms. Abdelhalim's house and her garage door to look inside, or pulling their vehicles within ten feet of the Abdelhalim residence, allowing a view through the back windows and door. PSF ¶ 26 (citing Pl.'s Exs. 65-67, 74-75). About early March 2019, there were tire tracks in the grass on Plaintiff's side of the pipe stem driveway, which Ms. Abdelhalim said occurred multiple times in one week. NA Dep. 136:16-138:2. Ms. Abdelhalim's brother installed a camera to cover this area of the yard, which then captured Mrs. Lewis driving over the lawn. NA Dep. 139:4-13.

The alleged harassment also occurred by phone and text message. From December 2018 through March 29, 2019, Plaintiff received a series of text messages from anonymous numbers; during that time, and through June 2019,...