Full opinion text
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. The Plaintiffs, Kathie Sinisgallo (“Sinisgallo”) and Steve Tsilimparis (“Tsilimparis”) bring this action against the Defendants Town of Islip Housing Authority (“IHA”), Richard Wankel, and Paul E. Levitt, alleging that the Defendants terminated their tenancy in public housing in violation of their constitutional due process rights; United States Housing Act, 42 U.S.C. § 1437d(k); Section 504 of the Rehabilitation Act of 1973 (the “Rehabilitation Act”), 29 U.S.C. § 794, the Fair Housing Act of 1968, as amended by the Fan-Housing Amendments Act (the “FHA”), 42 U.S.C. § 3601 et seq.; and Title II of the Americans with Disabilities Act of 1990 (the “ADA”), 42 U.S.C. § 12131 et seq. Presently before the Court is the Plaintiffs’ motion for a preliminary injunction. For the reasons set forth below, the Plaintiffs’ motion is granted. I. BACKGROUND The defendant Town of Islip Housing Authority is a municipal housing authority, created in accordance with the provisions of the New York State Public Housing Law. The IHA is categorized as a public housing authority (“PHA”) under the United States Department of Housing and Urban Development (“HUD”) regulations. Pursuant to HUD regulations, the IHA maintains a public housing program (“the Program”), through which it provides housing for eligible families, including low income families and families with elderly and disabled individuals. The defendant Richard Wankel is the Executive Director in charge of the Program for the IHA. On June 10, 2010, the plaintiffs, Kathie Sinisgallo and Steve Tsilimparis, entered into a lease for public housing provided by the IHA located at 81 Mill Pond Lane, Bay Shore, New York. On the lease, Sinisgallo is identified as the “tenant” and Tsilimparis is identified as a “co-tenant”. Both Sinisgallo and Tsilimparis assert that they are mentally disabled individuals. Sinisgallo contends that she suffers from paranoid schizophrenia; receives psychiatric treatment for her illness from the Hands Across Long Island Personal Recovery Program; and that her income consists of Social Security Disability Insurance (“SSDI”) payments because she is permanently disabled. According to Tsilimparis, he suffers from bipolar disorder; receives psychiatric care for his illness from the Family Service League’s South Shore Family Center Clinic; and his income consists of Supplemental Security Income (“SSI”) payments because he is permanently disabled. Although not married, the Plaintiffs have been engaged in a romantic relationship for more than thirty years and have lived together continuously for that period. The Plaintiffs described their relationship as one that is “[sjimilar to a spousal relationship”. (Compl., ¶ 3.) On or about May 23, 2011, Sinisgallo submitted a complaint to defendant Richard Wankel’s office, stating that her neighboring tenant, Michael Collins, shot the Plaintiffs’ pet cat with his BB gun and injured the cat superficially. Subsequently, on May 26, 2011, Tsilimparis confronted Collins while Collins was spraying the grass in front of the Plaintiffs’ apartment. The culmination of this interaction resulted in Tsilimparis physically striking Collins. On July 13, 2011, Collins filed a complaint with the Suffolk County Police Department regarding the May 26, 2011 altercation. The criminal violation was Adjourned in Contemplation of Dismissal, pursuant to New York Criminal Procedure Law § 170.55. On May 27, 2011, Sinisgallo received a notice from the IHA terminating her tenancy and participation in the Program. On June 15, 2011, Sinisgallo requested an informal settlement telephone conference to review the determination to terminate her residency. This conference was held between Sinisgallo and Wankel. In this informal hearing, Sinisgallo was not represented by counsel, and argued that her tenancy should not be terminated because Tsilimparis struck Collins in self-defense. On August 1, 2011, Sinisgallo received a Summary Decision and termination notice, which stated that the IHA had determined to continue the eviction process. (Compl., Ex. B.) Consistent with IHA procedures, Sinisgallo made a written request for a formal administrative hearing, which was granted. The administrative hearing to review the termination of the Plaintiffs tenancy was held over two sessions on December 20, 2011 and January 9, 2012. These proceedings were presided over by defendant Paul E. Levitt, a private attorney who was acting in his capacity as a the Hearing Officer. At the hearing, Levitt heard the testimony of Collins, Wankel, Sinisgallo, Tsilimparis, and Lillian Barnes, a neighbor who witnessed the altercation. The Plaintiffs were represented by counsel and had an opportunity to cross-examine witnesses, present evidence, and submit post-hearing written briefs. At the hearing, the Plaintiffs argued that they were disabled individuals and that Tsilimparis’s conduct was caused by his disability. In support of this contention, the Plaintiffs submitted a letter dated September 26, 2011 from Meredith Braddock, Licensed Master Social Worker (“LMSW”) to the Nassau Suffolk Law Services, stating as follows: Mr. Tsilimparis has been a client at our South Shore Family Center Clinic since 9/08. Mr. Tsilimparis is being treated for Bipolar Disorder. On 5/27/11 Mr. Tsilimparis’ medication was adjusted and therapy was intensified due to present symptoms. He is now being seen for weekly individual therapy with Licensed Master Social Worker and monthly medication management with our Psychiatrist. He is being treated with Symbyax, Tegretol and Clonazepam ..... (Compl., Ex. C.) According to the Plaintiffs, during the hearing, they requested a reasonable accommodation based on their various disabilities, which they contend would have permitted them to continue to participate in the Program. In particular, they sought a probationary period during which a further determination could be made that the change to Tsilimparis’s medical treatment would continue to prevent a recurrence of his violent behavior towards Collins or other tenants. Following the hearing, counsel for both sides submitted written memoranda. (Compl., Ex. E.) The Plaintiffs’ submission primarily argued that the IHA’s decision to terminate their tenancy violated the FHA because they were disabled individuals and therefore entitled to a reasonable accommodation. In addition to other exhibits, the Plaintiffs attached to their submission the Joint Statement of the Department of Housing and Urban Development and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act 14 (May 17, 2004) (“Joint Statement”). (Compl., Ex. E at Ex. A.) For its part, the IHA argued that it was not required to offer a reasonable accommodation to a tenant that engages in illegal behavior, or, in the alternative, that no reasonable accommodation existed that would eliminate the threat posed by Tsilimparis to the other tenants. Finally, the Plaintiffs submitted a supplemental letter on January 27, 2012, arguing that the empirical evidence indicated that the attack was an isolated incident insofar as, since the changes to Tsilimparis’s medication, no further incident had occurred despite continued provocation by Collins. (Compl., Ex. F.) In this letter submission, the Plaintiffs reiterated their request for a reasonable accommodation and that the termination of their tenancy be rescinded pursuant to the FHA. (Id.) On March 1, 2012, Levitt issued a decision finding that Sinisgallo had violated lease provision paragraphs XIV(aX7) and IX(k)(L)(l) (“the Decision”). (Compl., Ex. D.) In the Decision, after summarizing the testimony, Levitt stated that, based on “the evidence presented at the hearing and the post-hearing arguments”, he found that “Steven Tsilimparis did strike Michael Collins with his fist causing injury and bleeding to Collins’ left eye on or about May 26, 2011.” (Decision at 4.) As a result, Levitt held: I find that since Sinisgallo violated lease provision paragraph XIV(a)(7) which provides that a lease may be terminated for serious or repeated violations such as criminal activity by tenant, household member, guest or other person under tenant’s control. Tsilimparis struck Michael Collins with his fist causing injury and bleeding to Collins’ left eye and nose. This was unprovoked activity and was not in self-defense. Tsilimparis threatened the health, safety, and right to peaceful enjoyment of the public housing premises by Collins, a resident of the same project. I also find that Sinisgallo and Tsilimparis violated the “Tenant’s Obligations”, more specifically, paragraph IX(k)(L)(l). (Decision at 7.) Although Levitt discussed the credibility of the various witnesses with respect to the incident, absent from the Decision was any reference to the Plaintiffs’ request for a reasonable accommodation or the allegation that the termination of their tenancy violated the FHA. In addition, while Levitt referenced the existence of the letter from Social Worker Braddock regarding Tsilimparis’s disability and treatment, he did not explain whether or to what extent it affected his decision. Thereafter, the IHA commenced a summary holdover proceeding in the Fifth District Court of Suffolk County, Index Number ISLT 12-588, to enforce the eviction of the Plaintiffs (“the eviction proceedings” or the “summary holdover proceeding”). On April 4, 2012, the Plaintiffs commenced the present lawsuit asserting five causes of action as against all of the Defendants, alleging that: (1) the Defendants’ policies and practices of denying requests for reasonable accommodations made by persons with disabilities constitutes discrimination against persons with disabilities in violation of the ADA, FHA, and Rehabilitation Act, and (2) by failing to provide a reasonable accommodation for Tsilimparis’s disability, the Defendants’ termination of their participation in the Program violated the FHA, ADA, and Rehabilitation Act. In addition the Plaintiffs assert claims for relief pursuant to 42 U.S.C. § 1983 (“Section 1983”), alleging that the Defendants: (1) deprived them of their Fourteenth Amendment right to due process by failing to provide them with an impartial hearing officer and (2) acted under color of law, custom or policy in the administration of their duties to deprive the Plaintiffs of their rights under the ADA, FHA, Rehabilitation Act, and United States Housing Act, 42 U.S.C. § 1437d(k). The Plaintiffs filed an application for a temporary restraining order and a preliminary injunction, along with them summons and complaint. Because the Plaintiffs seek to have this Court enjoin a state court proceeding, the Court directed the parties to submit supplemental briefing addressing whether: (1) the Anti-Injunction Act precluded the Court from enjoining the eviction proceeding, and (2) Younger abstention warranted the dismissal of the complaint. Thereafter, on April 11, 2012, the Court held a hearing. At the conclusion of the hearing, the IHA agreed to voluntarily stay the eviction proceeding until April 26, 2012. On April 23, 2012, at the request of the Court, the IHA agreed to an extension of the voluntary stay until May 10, 2012. Finally, on May 10, 2012, the IHA agreed to an additional voluntary stay of the eviction proceeding until May 24, 2012. As a practical matter, based on the calendar of the Suffolk County district court, under the current extension, the earliest date the eviction proceeding would recommence would be May 31, 2012. As set forth below, the Court finds that neither the Anti-Injunction Act, nor Younger abstention prevent the Court from enjoining the state court eviction proceeding. Furthermore, while the Court finds that the Plaintiffs are not entitled to injunctive relief on their claims asserted pursuant to Section 1983, the Court finds that the Plaintiffs’ have met the requisite standard for obtaining preliminary injunctive relief based on their claim that the IHA violated their rights under the FHA, ADA, and Rehabilitation Act claims (“the federal disability claims”). II. DISCUSSION A. Whether the Younger Abstention Doctrine and the Anti-Injunction Act Preclude Preliminary Relief The threshold issue before this Court is whether the Anti-Injunction Act or the Younger abstention doctrine preclude the Court from granting the Plaintiffs the preliminary injunctive relief they seek. As an initial matter, the Court notes that neither party, either in their written submissions or at the hearing, addressed the impact of the Plaintiffs’ claims pursuant to Section 1983 on the Court’s Anti-Injunction Act and Younger abstention analysis. However, because the Court ultimately finds that the Plaintiffs do not show a sufficient likelihood of success on the merits of their Section 1983 claims to warrant a preliminary injunction, the Court, like the parties, focuses its analysis exclusively on the Plaintiffs’ claims under the federal disability statutes. The federal Anti-Injunction Act provides that “[a] Court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. This Act presents an absolute ban on enjoining any state court proceeding, unless the facts of the case bring the matter within one of the three narrowly construed exceptions. Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623, 630, 97 S.Ct. 2881, 2887, 53 L.Ed.2d 1009 (1977); Mitchum v. Foster, 407 U.S. 225, 228-29, 92 S.Ct. 2151, 32 L.Ed.2d 705 (1972). [A] federal court does not have inherent power to ignore the limitations of § 2283 and to enjoin state court proceedings merely because those proceedings interfere with a protected federal right or invade an area pre-empted by federal law, even when the interference is unmistakably clear. Rather, when a state proceeding presents a federal issue, even a preemption issue, the proper course is to seek resolution of that issue by the state court. Chick Kam Choo v. Exxon Corp., 486 U.S. 140, 149-50, 108 S.Ct. 1684, 100 L.Ed.2d 127 (1988) (internal quotation marks and citations omitted). “The three excepted circumstances are (i) the express provisions of another act of Congress authorizing such an order; (ii) necessity in aid of the federal court’s jurisdiction and (iii) the need to protect or effectuate the federal court’s judgments.” Standard Microsystems Corp. v. Texas Instruments Inc., 916 F.2d 58, 60 (2d Cir.1990) (citing Atl. Coast Line R.R. Co. v. Bhd. of Locomotive Eng’rs, 398 U.S. 281, 287-88, 90 S.Ct. 1739, 1743-44, 26 L.Ed.2d 234 (1970)). At the hearing, the Plaintiffs argued that, because they are seeking to enjoin the IHA from prosecuting the state court action, and not the state court action itself, the Anti-Injunction Act is inapplicable. However, this is a distinction without a difference. As thé United States Supreme Court found in Atlantic Coast Line, the Anti-Injunction Act “cannot be evaded by addressing the order to the parties or prohibiting utilization of the results of a completed state proceeding”. Atl. Coast Line, 398 U.S. at 287, 90 S.Ct. 1739; see also Pathways, Inc. v. Dunne, 329 F.3d 108, 113 (2d Cir.2003) (citing County of Imperial v. Munoz, 449 U.S. 54, 58-59, 101 S.Ct. 289, 66 L.Ed.2d 258 (1980) for the proposition that federal court may not effectively enjoin state proceeding by framing injunction as restraint on parties); Studebaker Corp. v. Gittlin, 360 F.2d 692, 696 (2d Cir.1966) (holding that the statutory bar set by the Anti-Injunction Act cannot be avoiding “by directing the injunction solely to a party as distinguished from the state court”). Thus, unless the Plaintiffs’ federal disability claims fit within one of three exceptions, the Anti-Injunction Act precludes this Court from enjoining a state court eviction proceeding. Allen v. N.Y. City Hous. Auth., No. 10-CV-168, 2010 WL 1644956, at *3 (S.D.N.Y. April 20, 2010) (“Courts in this Circuit have repeatedly held that the Anti-Injunction Act bars a federal court from enjoining state-court eviction proceedings.”) (collecting cases); cf. Watkins v. Ceasar, 88 Fed.Appx. 458, 459 (2d Cir.2004) (affirming denial of motion for preliminary injunction to stay a state court eviction proceeding on the grounds that the federal district court was barred by the Anti-Injunction Act). Here, the parties primarily dispute whether the second exception applies, namely, whether enjoining the eviction proceeding is “necessary in aid of [the federal court’s] jurisdiction.” 28 U.S.C. § 2283. A federal court properly acts “in aid of its jurisdiction” where enjoining state proceedings is “necessary to prevent a state court from so interfering with a federal court’s consideration or disposition of a case as to seriously impair the federal court’s flexibility and authority to decide that case.” Atl. Coast Line, 398 U.S. at 295, 90 S.Ct. 1739; see also Bess v. Spitzer, 459 F.Supp.2d 191, 202 (E.D.N.Y.2007) (Spatt, J.). Courts have held that this second exception is applicable when a plaintiff cannot present his or her federal claims in the state court eviction proceeding. For example, in McNeill v. New York City Housing Authority, 719 F.Supp. 233, 256 (S.D.N.Y.1989) the plaintiffs alleged that the New York City Housing Authority’s (“NYCHA”) procedures for terminating their Section 8 benefits violated their constitutional right to due process and their rights under the United States Housing Act and federal HUD regulations. Although the plaintiffs received their Section 8 benefits from the NYCHA, their leases were with private landlords. As a result, when the NYCHA terminated their Section 8 benefits and they were no longer able to pay their rent, the private landlords commenced eviction proceedings against the plaintiffs. The court held that the “in aid of jurisdiction” to the Anti-Injunction Act applied, reasoning that: Unless eviction proceedings are stayed long enough to adjudicate plaintiffs’ alleged right to retroactive reinstatement in the Section 8 program, plaintiffs will be evicted before this case can be decided. In this event, the Court will be unable to accord meaningful relief to the parties. Reinstatement in Section 8 without an apartment would be tantamount to no relief at all. Similarly, a change in NYCHA’s Section 8 termination policies and practices would mean little to plaintiffs who have already lost their apartments. Preliminary injunctive relief thus is essential to aid this Court’s ability to decide the claims and accord the appropriate relief. Id. at 256. Central to the court’s rationale was that the NYCHA was not, and could not become, a party to the state court eviction proceedings, which were between the private landlords and the plaintiffs. Thus, if the eviction proceedings were not enjoined, the court would be “unable to accord meaningful relief to the parties”. Id.; see also Lattimore v. Northwest Coop. Homes Ass’n, No. 90-CV-49, 1990 WL 10521534, at *4 (D.D.C. March 26, 1990) (holding that the court was not barred from enjoining the eviction proceeding based on the second exception to the Anti-Injunction Act because the plaintiff could “not raise her claims as a defense in the eviction proceeding”); cf. Caulder v. Durham Hous. Auth., 433 F.2d 998, 1002 (4th Cir.1970) (affirming the district court’s injunction of a state court eviction proceeding where the “plaintiffs right, if any, to litigate the issues in a state court appears more theoretical than real” and “therefore, that the factual basis on which to invoke the prohibition of § 2283 is lacking and the case is one in which the state proceedings may be enjoined ‘in aid of * * * (the district courts) jurisdiction’ ”). ’ By contrast, courts have found that where a plaintiff “could fully preserve in state court” as a defense the claims asserted in federal court, the second exception to the Anti-Injunction Act is not applicable because the “pendency of the state court proceedings would not meaningfully threaten th[e] Court’s jurisdiction”. Sierra v. City of New York, 528 F.Supp.2d 465, 468 (S.D.N.Y.2008); Bosch v. Lamattina, No. 08-CV-238, 2008 WL 4820247, at *7 (E.D.N.Y. Nov. 4, 2008) (holding that the Anti-Injunction Act barred the court from enjoining eviction proceedings in the Suffolk County District Court, Fifth District because the court had jurisdiction to hear the plaintiffs claims under the Real Estate Settlement Procedures Act); Armstrong v. Real Estate Intern., Ltd., No. 05-CV-5883, 2006 WL 354983, at *4 (E.D.N.Y. Feb. 14, 2006) (holding that the Anti-Injunction Act barred the court from enjoining eviction proceedings because “claims for rescission under TILA can be brought in state court, including as a defense to an eviction claim in Housing Court”); cf. Atl. Coast Line, 398 U.S. at 295, 90 S.Ct. at 1747 (“the state and federal courts had concurrent jurisdiction in this [labor dispute] and neither court was free to prevent either party from simultaneously pursuing claims in both courts”). Thus, if the Plaintiffs cannot assert their federal disability claims in the pending summary holdover proceeding, the Court would not be precluded by the Anti-Injunction Act from granting the requested injunctive relief. In addition to the Anti-Injunction Act, the “Younger abstention doctrine creates a separate and independent barrier to federal court injunctions of pending state court proceedings.” Erwin Chemerinsky, Federal Jurisdiction § 11.2.1 (4th ed. 2003). “The Younger abstention rule refers to the principle of federalism that ‘a federal court may not enjoin a pending state criminal proceeding in the absence of special circumstances suggesting bad faith, harassment or irreparable injury that is both serious and immediate.’ ” Pathways, Inc. v. Dunne, 329 F.3d 108, 113-14 (2d Cir. 2003) (quoting Kirschner v. Klemons, 225 F.3d 227, 233 (2d Cir.2000)). The principles enunciated in Younger have been expanded to civil proceedings. See Huffman v. Pursue, Ltd., 420 U.S. 592, 594, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975). Notably, in the “interests of comity and federalism,” the Younger abstention doctrine requires federal courts to abstain from jurisdiction “whenever federal claims have been or could be presented in ongoing state judicial proceedings that concern important state interests.” Hawaii Hous. Auth. v. Midkiff, 467 U.S. 229, 237-38, 104 S.Ct. 2321, 81 L.Ed.2d 186 (1984) (emphasis added). Thus, as with the second exception to the Anti-Injunction Act, Younger abstention “does not apply when a plaintiffs federal claims cannot be presented in pending state proceedings.” Tellock v. Davis, No. 02-CV-4311, 2002 WL 31433589, at *4 (E.D.N.Y. Oct. 31, 2002) (citing Kirschner, 225 F.3d at 233); see also McNeill, 719 F.Supp. at 256 (holding that, because the “pending eviction proceedings do not give plaintiffs an adequate forum to challenge termination of their Section 8 assistance ... under the exceptions to the doctrine of Younger abstention and the Anti-Injunction Act, the Court may stay housing court proceedings until the validity of the termination of plaintiffs’ assistance can be decided.”). Accordingly, central to the Court’s analysis under either the Anti-Injunction Act or the Younger abstention doctrine is whether the Plaintiffs can assert their federal disability claims in the pending state court proceeding. The Plaintiffs contend that the Fifth District Court of the State of New York, County of Suffolk, where the eviction proceeding is pending, either cannot or will not entertain federal claims in opposition to an eviction proceeding brought by the IHA. Although the IHA cites Sierra for the proposition that the Plaintiffs can assert their federal disability claims in the summary holdover proceeding, the IHA primarily argues that the Court should deny the Plaintiffs’ request for injunctive relief and abstain from this case because the Plaintiffs can assert their claims in an Article 78 proceeding in the New York state courts. There is little easelaw on. the burden a plaintiff must meet to show that they cannot raise their federal claims in the ongoing state proceeding for the purposes of meeting the second exception of the Anti-Injunction Act. In Caulder v. Durham Housing Authority, 433 F.2d 998 (4th Cir.1970), the Fourth Circuit affirmed the injunction of a state court eviction proceeding where it seemed that “plaintiffs right, if any, to litigate the issues in a state court appearfed] more theoretical than real”. Id. at 1002. Similarly, to establish the inadequacy of state remedies for the purposes of avoiding Younger abstention, the Plaintiffs must “show[] that the State’s laws, procedures, or practices would prevent [their] effective interposition of [their] federal contentions”. Kirschner, 225 F.3d at 235; see also Spargo v. New York State Com’n on Judicial Conduct, 351 F.3d 65, 78 (2d Cir.2003) (holding that, to avoid Younger abstention, plaintiffs “must demonstrate that state law bars the effective consideration of their [federal] claims”). As set forth below, the Court finds that: (1) the availability of an Article 78 proceeding is not relevant to the Court’s Anti-Injunction Act and Younger abstention analysis, and (2) under the current case law in New York, the Plaintiffs ability to litigate their federal disability claims in the state court eviction proceeding is “more theoretical than real”, and that they have met their burden of showing that the state court is unlikely to hear their federal disability claims for purposes of Younger abstention. 1. As to the Availability of an Article 78 Proceeding The Defendants contend that, because the FHA, ADA, and Rehabilitation Act claims can be raised in an Article 78 proceeding, the Anti-Injunction Act precludes the Court from enjoining the summary holdover proceeding. The Plaintiffs do not dispute that they could bring their claims in an Article 78 proceeding. Rather, the Plaintiffs argue that the existence of an Article 78 proceeding is irrelevant because they are not required to assert their federal claims in an Article 78 proceeding. The Court agrees. The relevant focus of the Anti-Injunction Act and the Younger abstention doctrine are the federal court’s powers and limitations with respect to “ongoing” state proceedings. Because an Article 78 proceeding “is not an ‘appeal’ but rather a new proceeding challenging a decision by an administrative body or officer”, the Court is not precluded from enjoining the summary holdover proceeding or divested of jurisdiction over the Plaintiffs’ federal claims merely because an Article 78 remedy is available. Meachem v. Wing, 77 F.Supp.2d 431, 442 (S.D.N.Y.1999) (citing N.Y. C.P.L.R. § 7804 (characterizing Article 78 proceeding as a “special proceeding” and specifying where such a proceeding may be “brought”); N.Y. C.P.L.R. § 7801 (providing that an Article 78 proceeding cannot be used to challenge a determination that “can be adequately reviewed by appeal to a court or to some other body”)); cf. Huffman v. Pursue, Ltd., 420 U.S. 592, 608, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975) (holding that because the plaintiff had not exhausted his state court appeals, abstention was appropriate because “[virtually all of the evils at which Younger is directed would inhere in federal intervention prior to completion of state appellate proceedings.”). Indeed, it is well-settled that a plaintiff is not required to exhaust administrative remedies before commencing an FHA, ADA, or Rehabilitation Act claim in federal court. See Huntington Branch, N.A.A.C.P. v. Town of Huntington, 689 F.2d 391, 394 n. 3 (2d Cir.1982) (holding that a party challenging a municipality’s zoning decision under the FHA does not need to exhaust administrative remedies, even where, as here, the “reasonable accommodation” test is invoked); Advocacy and Res. Ctr. v. Town of Chazy, 62 F.Supp.2d 686, 688 (N.D.N.Y.1999) (holding that, because the FHA explicitly provides that “an aggrieved party does not need to exhaust parallel administrative remedies provided through [HUD] before commencing a Federal action..... It would seem logical that if an aggrieved party does not need to exhaust HUD remedies before filing a federal action, he or she should not have to exhaust local remedies.”) (citing 42 U.S.C. § 3613(B)(2)); Sokoya v. 4343 Clarendon Condo Ass’n, No. 96-CV-5278, 1996 WL 699634, at *3 (N.D.Ill. Nov. 27, 1996) (“In addition, a plaintiff need not exhaust available administrative remedies before filing a private action for violation of Section 3604(a).”) (citing 42 U.S.C. 3613(a)(2); Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 103-4, 99 S.Ct. 1601, 60 L.Ed.2d 66 (1979)); cf. Tsombanidis v. West Haven Fire Dept., 352 F.3d 565, 578-79 (2d Cir.2003) (noting that, after the plaintiff has provided the governmental entity an “opportunity to accommodate them through the entity’s established procedures.... It may be that oncé the governmental entity denies such an accommodation, neither the FHAA nor the ADA require a plaintiff to exhaust the state or local administrative procedures”) (emphasis in original); Joseph’s House and Shelter, Inc. v. City of Troy Planning Bd., No. 05-CV-513, 2009 WL 2413936, at *1 (N.D.N.Y. March 31, 2009) (“It is well-established that plaintiffs are entitled to bring an FHA and ADA claim based on a discriminatory land use decision, even if a state-court Article 78 proceeding is available.”) (citing Reg’l Econ. Cmty. Action Program, Inc. v. City of Middletown, 294 F.3d 35, 45 (2d Cir.2002)). Moreover, neither the HUD regulations nor the IHA Grievance Procedures require a tenant to exhaust administrative remedies insofar as they both provide that: A decision by the hearing officer, hearing panel, or Board of Commissioners in favor of the PHA or which denies the relief requested by the complainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter. 24 C.F.R. § 966.57(c) (IHA Grievance Procedure VILE.). Furthermore, the Joint Statement advises public housing tenants that, if they feel that a housing authority has denied them a reasonable accommodation in violation of their rights under the FHA, they can either: (1) file a complaint with HUD or (2) file a complaint in federal court. Joint Statement at 14. Nevertheless, while the Decision may not “affect in any manner” the Plaintiffs’ right to commence this federal action, it does not provide the Court with jurisdiction to review aspects of the Decision that are unrelated to the Plaintiffs’ federal claims. For example, the Plaintiffs argue that the Defendants should have exercised their discretion -pursuant to 24 C.F.R. § 966.4 to consider mitigating factors and provide a less harsh sanction, and then state, without any supporting caselaw, that “[t]his Court has supplemental jurisdiction to consider the severity of the penalty to be imposed”. (Pl.’s Initial Mem. at 5.) Furthermore, in the context of arguing that Levitt was not an impartial decision-maker, the Plaintiffs dispute his factual findings, credibility determinations, and compliance with IHA grievance procedures. The Court can only consider these challenges to the extent they violated the Plaintiffs’ due process rights, and not the propriety of the ultimate decision. As the Second Circuit held in Lopez v. Henry Phipps Plaza South, Inc., It is well to repeat at the outset that the Civil Rights Act does not empower a federal judge to interfere with a ‘state’ landlord’s decision not to renew a lease simply because he thinks the decision harsh or unwise; he is authorized to do this only if the tenant has been deprived of due process of law. 498 F.2d 937, 944-45 (2d Cir.1974); see also Coastal Commc’ns Serv., Inc. v. City of New York, 658 F.Supp.2d 425, 459 (E.D.N.Y.2009) (“The overwhelming majority of district courts confronted with the question of whether to exercise supplemental jurisdiction over Article 78 claims have found that they are without power to do so or have declined to do so.”). If the Plaintiffs were to commence an Article 78 proceeding, the state court would have the jurisdiction to hear all of the Plaintiffs’ federal claims, as well as perform a review of Levitt’s factual findings, compliance with grievance procedures, and ultimate decision. Nevertheless, although the Plaintiffs “could challenge the administrative decisions terminating their [tenancy] by commencing an Article 78 proceeding in state court, the mere fact that a state court of general jurisdiction can entertain any claim between two parties properly before it is too insubstantial a basis for compelling a party which wishes to bring federal constitutional claims in federal court to present those claims to a state court instead.” Meachem, 77 F.Supp.2d at 442 (internal quotation marks and citation omitted). 2. As to the Ability of the Plaintiffs’ to Raise Federal Defenses in the State Court Eviction Proceeding The jurisdiction of the District Court in Suffolk County, where the eviction proceeding is pending, is governed by the New York Uniform District Court Act. See N.Y. Uniform Dist. Ct. 17 Act (“UDCA”) § 2501 (“The civil and criminal jurisdiction of and practice and procedure in the district court of Suffolk county shall be as set forth in the uniform district court act.”). Pursuant to UDCA § 204, the district court has “jurisdiction of summary proceedings to recover possession of real property located in whole or in part within a district of the court in the county, to remove tenants therefrom, and to render judgment for rent due without regard to amount.” UDCA § 204. Similar rules and regulations govern summary proceedings in the New York City Civil Courts. See also N.Y. City Civil Ct. Act § 204. The Court may refer to a civil court or district court in which a summary holdover proceeding is pending as a “housing court”. Summary proceedings between a landlord and tenant are governed by Article 7 of the Real Property Actions and Proceeding Law (“RPAPL”) § 701, et seq. “A summary proceeding commenced under RPAPL Article 7 is a special proceeding governed entirely by statute requiring strict compliance with the statutory mandates to give the court jurisdiction.” New York Hous. Auth. v. Fountain, 172 Misc.2d 784, 785, 660 N.Y.S.2d 247, 249 (N.Y.City Civ.Ct.1997). In adjudicating an eviction proceeding, both the UDCA and the RPAPL expressly authorize the district court to “consider any defense to a cause of action or claim asserted by any party, whether such defense be denominated or deemed legal or equitable in nature.” UDCA § 905; RPAPL § 743 (“The answer may contain any legal or equitable defense, or counterclaim.”). Thus, as general rule, because “[t]he issue in any summary proceeding for possession is whether landlord is entitled to such possession ... any equitable defense offered by the tenant to show that landlord is not entitled to possession must be considered”. Cobert Constr. Corp. v. Bassett, 109 Misc.2d 119, 121, 442 N.Y.S.2d 678, 680 (N.Y.App.Term 1981). Neither statute includes a limitation on the types of defenses that can be asserted. Moreover, UDCA § 212 expressly provides that “[i]n the exercise of its jurisdiction the court shall have all of the powers that the supreme court would have in like actions and proceedings.” Accordingly, to the extent that a party can raise a defense, legal or equitable, state or federal, in a summary proceeding commenced in New York State Supreme Court, the district court similarly has jurisdiction to hear such claims. Nevertheless, “the need for speedy dispositions in landlord-tenant matters ordinarily dictates that counterclaims be severed unless they are in essence a defense to landlord’s claim or so intertwined with such a defense as to become part and parcel thereof.” Committed Cmty. Assocs. v. Croswell, 171 Misc.2d 340, 343, 659 N.Y.S.2d 691, 693 (N.Y.App.Term 2d Dep’t 1997), aff'd 250 A.D.2d 845, 673 N.Y.S.2d 708 (2d Dep’t 1998). Thus, in Tellock v. Davis, No. 02-Cv-4311, 2002 WL 31433589 (E.D.N.Y. Oct. 31, 2002), the court held that, because the plaintiff-tenant’s federal Title VII and FHA claims against the defendant-landlord alleging race discrimination would have been considered a counterclaim in the civil court summary holdover proceeding, and the civil court had ruled that it would not take jurisdiction over the federal discrimination claims, Younger abstention was inapplicable and the court was not barred by the Anti-Injunction Act from staying the state court summary holdover proceeding. Id., at *4. By contrast, the Plaintiffs’ federal disability claims would constitute a “defense” in the eviction proceeding, because they contend that the IHA’s termination of their tenancy without considering a reasonable accommodation for their disabilities violates federal law and therefore is invalid. Thus, pursuant to RPAPL § 743, where, as here, federal disability claims have been classified as “defenses” in eviction proceedings, housing courts have jurisdiction to hear them. Cf. RCG-UA Glenwood, LLC v. Young, 9 Misc.3d 25, 26, 801 N.Y.S.2d 481, 481-82 (N.Y.App.Term 2005) (affirming Civil Court ruling in favor of plaintiff-tenant dismissing an eviction petition because reasonable accommodation was required under the FHA); Crossroads Apartments Assocs. v. LeBoo, 152 Misc.2d 830, 578 N.Y.S.2d 1004 (N.Y.City Ct.1991) .(holding that the plaintiff in an eviction proceeding by: a private landlord in federally funded section 8 housing could assert claims for violations of the Rehabilitation Act and FHA as affirmative defenses with regard to no-pet policy); Landmark Props. v. Olivo, 5 Misc.3d 18, 783 NY.S.2d 745 (N.Y.App.Term 2004) (affirming housing court ruling awarding possession to landlord-defendant where tenant-plaintiff failed to prove his affirmative defense that he was entitled to keep a dog for therapeutic reasons as a reasonable accommodation pursuant to the FHA). Indeed, federal courts have held in subsequent proceedings that they either lack jurisdiction over federal disability claims pursuant to the Rooker-Feldman doctrine or are barred from considering the claims under the doctrine of res judicata because the claims are “inextricably intertwined” with the grounds for termination and therefore should have been raised in the eviction proceeding. See Babalola v. B.Y. Equities, Inc., 63 Fed.Appx. 534, 535 (2d Cir.2003) (affirming district court’s dismissal of the plaintiffs FHA and civil rights claims that she was the victim of a discriminatory conspiracy to wrongfully evict her from her apartment as barred by the Rooker-Feldman doctrine, because the claims were “inextricably intertwined” with the New York State housing court’s eviction order); Springer v. Lincoln Shore Owners, Inc., No. 03-CV-4676, 2007 WL 2403165, at *4 (E.D.N.Y. Aug. 16, 2007) (“In sum, the Civil Court, in entering judgment in favor of Lincoln Shore, determined that Lincoln Shores was entitled to terminate the lease; although the Springers did not argue that the termination would violate FHA and ADA, they could have. To allow them to raise the argument now would plainly impair the rights and interests established in the Civil Court action; therefore, the present action is barred by res judicata.”); see also Turner v. Crawford Square Apartments III, L.P., 449 F.3d 542, 549-50 (3d Cir.2006) (“[B]y interposing a theory of liability under the FHA in the district court that she had withheld in the common pleas court, Turner did not create a separate cause of action and thereby insulate her claim in the district court from the application of the doctrine of res judicata. Rather, what she did do was ensure that neither court would consider her FHA claims on the merits. Even though this' result may seem to be unfortunate, it is a product of her own litigation strategy, and she is obliged to accept it.... Accordingly, because Turner correctly concedes that there was no jurisdictional obstacle to the FHA claims being litigated in state court, this action is barred by the application of the principle of res judicata ”). However, in all of the above-cited cases, the landlord that commenced the summary proceeding was a private landlord. Where, as here, the party commencing the summary proceeding is a federally-funded housing authority, the housing court’s jurisdiction to engage in a de novo review of the lease termination hinges in part, on whether the public housing tenant was afforded an administrative hearing. Where a public housing tenant has not received an administrative hearing prior to the commencement of a summary holdover proceeding, the housing court has the jurisdiction to provide the requisite due process and entertain all legal and equitable defenses, including constitutional due process and civil rights claims. See Hempstead Hous. Auth. v. Wells, 155 Misc.2d 873, 590 N.Y.S.2d 1014 (N.Y.Dist.Ct.1992) (“Summary proceedings in local courts afford all the due process guaranties to which a tenant is entitled. Therefore, what State courts are doing in a summary proceeding involving Federally subsidized housing programs is holding a due process hearing applying Federal law.”) (internal citation omitted); N.Y. County Dist. Attorney’s Office v. Oquendo, 147 Misc.2d 125, 130, 553 N.Y.S.2d 973, 976 (N.Y.City Civ.Ct.1990) (“There is no requirement that the Housing Authority must be the forum in which the tenant is afforded procedural protections prior to being evicted. All procedural guarantees such as proper notice, access to information upon which any decision is based, the right to confront and cross-examine witnesses, and the opportunity to present evidence can and will be afforded to respondents in the hearing before this Court.”). Here, the Plaintiffs have already received an administrative hearing. Thus, the operative question is whether where, as here, the legal and equitable defenses are also challenges to the agency determination, the housing court has the jurisdiction to hear them. “Unlike a constitutionally created Court of equity; [the district court] is a creature of statute which does not have the equitable power to enjoin and annul the actions of the state agencies and officers.” Millennium Hills Hous. Dev. Fund Corp. v. Patterson, 25 Misc.3d 1214(A), 901 N.Y.S.2d 908 (Table), 2009 WL 3321432, at *2 (NY.Dist.Ct. Oct. 16, 2009), aff'd 31 Misc.3d 134(A), 927 N.Y.S.2d 817 (Table), 2011 WL 1448135 (N.Y.App.Term 2011). Pursuant to N.Y. CPLR § 7804, an Article 78 proceeding to review an agency determination is a “special proceeding” that “shall be brought in the supreme court”. The Supreme Court has exclusive subject matter jurisdiction over most Article 78 proceedings. See Vanderbilt Museum v. Am. Ass’n of Museums, 113 Misc.2d 502, 507, 449 NYS.2d 399, 403 (N.Y.Sup.Ct.1982); cf. Cartagena v. City of New York, 257 F.Supp.2d 708, 709 (S.D.N.Y.2003) (“The Article 78 proceeding is a novel and special creation of state law, and state law provides that the Supreme Court has exclusive jurisdiction over Article 78 claims ....”) (internal quotations omitted). As a result, “New York law bars the evicting Court from a full merit review of governmental housing lease terminations ... [because] the deter-' minations of governmental officials are reviewable only pursuant to petition to Supreme Court as an Article 78 proceeding.” Patterson, 2009 WL 3321432, at *2; N.Y. City Hous. Auth. v. Alvarez, 64 Misc.2d 358, 359, 314 N.Y.S.2d 957, 959 (N.Y.City Civ.Ct.1970) (“[I]t has been held that the reason for termination of a public housing tenancy is not a matter which is cognizable in a holdover summary proceeding brought in the Civil Court. Accordingly, any proffered proof of facts which deal with administrative grounds upon which the authority determined to terminate the tenancy of these tenants is irrelevant to a holdover proceeding. The propriety of its determination as to the ineligibility of the tenants here, while reviewable in an Article 78 Proceeding in the Supreme Court, is not open to question in this summary proceeding to remove the tenant as a holdover.”) (citations omitted). Accordingly, where a public housing tenant — as opposed to a tenant whose private landlord received federal or state funding — was afforded an administrative hearing, courts have held that the housing court lacks jurisdiction to perform a de novo review of the lease termination. Instead, the court performs what is referred to as a “limited due process” review, which ensures that the administrative hearing complied with minimum due process requirements. Patterson, 2009 WL 3321432, at *2 (citing Fuller v. Urstadt, 28 N.Y.2d 315, 270 N.E.2d 321, 321 N.Y.S.2d 601 (1971)); Millenium Hills Hous. Dev. Fund Corp. v. Davis, 32 Misc.3d 1234(A), 936 N.Y.S.2d 59 (Table), 2011 WL 3631960, at *2 n. 1 (NY.Dist.Ct. June 17, 2011) (“It is the normal role of this Court, when sitting in its landlord/tenant capacity, to adjudicate whether the lease has been terminated pursuant to its terms. However the Fuller decision established the concept of “limited due process” which limits the landlord/tenant Court’s inquiry to only whether the tenant received a written explanation of the lease violation and an opportunity to address same.”). Thus, the district court is unlikely to hear the Plaintiffs’ federal defenses in the summary holdover proceeding initiated by the IHA — as opposed to a private landlord — because any contrary determination by the housing court would constitute a review of the merits of the Decision. The only possible exception would be if the housing court determined that it was entitled to conduct a trial de novo under 24 C.F.R. § 966.57, in which case the Plaintiffs would be entitled to raise all legal and equitable defenses, including the constitutional due process and federal claims raised here. Although the Court has already held that § 966.57(c) permits the Plaintiffs to assert their federal claims in this court, whether and to what extent they are entitled to raise those claims in the pending state proceeding ig for the state court to decide. Recently, in Stewart v. Lancaster, an Article 78 proceeding commenced by a public housing tenant against the Freeport Housing Authority, Justice Ute Wolff Lally held that, based on § 966.57(c), a housing authority’s decision to terminate a tenancy following an administrative hearing that finds against the tenant is “nonfinal”. Index No. 20091/2007, 2008 WL 743838, 2008 N.Y. Mise. LEXIS 7884, at *7 (N.Y.Sup.Ct. Feb. 27, 2008). Therefore, because an Article 78 court only has jurisdiction to review “final” agency decisions, see N.Y. CPLR § 7801(1), Justice Lally held that the court lacked jurisdiction to review the Freeport Housing Authority’s decision to terminate the plaintiffs tenancy. She also stated that, despite having received a full administrative hearing, the plaintiff was “entitled to a trial de novo as to whether she violated her lease” in the summary holdover proceeding. Id. Thereafter, the district court in the summary holdover proceeding conducted a trial de novo, allowing the tenant to raise all legal and equitable defenses available. See Freeport Hous. Auth. v. Stewart, 20 Misc.3d 1139(A), 872 N.Y.S.2d 690 (Table), 2008 WL 4065888 (N.Y.DistCt. Sept. 3, 2008). The district court’s decision was affirmed on appeal. See Freeport Hous. Auth. v. Stewart, 29 Misc.3d 134(A), 920 N.Y.S.2d 241 (Table), 2010 WL 4630338 (N.Y.App.Term Nov. 12, 2010). However, the appellate term did not address the propriety of conducting the trial de novo despite the fact that an administrative hearing had been held. The contention that § 966.57(c) entitles a public housing tenant to a de novo review in a summary holdover proceeding, even after a full administrative hearing, has been adopted in a number of states. See, e.g., Jones v. Chester Hous. Auth., No. 93-CV-3597, 1993 WL 332068, at *2 (E.D.Pa.1993) (“The tenants who complete the grievance hearing, before the hearing officer, are entitled under 24 C.F.R. § 966.57 to a trial de novo of any adverse administrative decision.”); Hous. and Redev. Auth. of St. Cloud v. Tesfaye, 2010 WL 1753271, at *5 (Minn.App. May 4, 2010) (“The federal regulations allow for a de novo trial in district court, 24 C.F.R. § 966.57(c) (2009), and for purposes of that proceeding, the hearing officer’s decision is neither binding nor owed deference by the district court.”); Hous. Auth. of St. Louis County v. Lovejoy, 762 S.W.2d 843, 845-46 (Mo.Ct.App.1988) (“The grievance hearing was not intended to determine the tenant’s rights. It was instead intended to prevent the Housing Authority, acting in the capacity of a landlord, from wrongfully or prematurely infringing on a tenant’s rights. The findings of the authority are equivalent to a notice to vacate the premise served by a private landlord on a private tenant. The appellant’s rights were left unaffected by the findings of the Housing Authority. The Housing Authority’s decision is simply a landlord’s decision not to renew the lease.. The legal rights of the parties remain unadjudicated.”). However, in New York, the Stewart decision stands alone in its interpretation of § 966.57(c). See Patterson, 2009 WL 3321432, at *2 n. 1 (distinguishing Stewart as “inconsistent with decades of precedent ... which indicates that the Supreme Court is the appropriate forum for these government lease termination disputes”). Indeed, despite the Stewart decision’s holding that § 966.57(c) precludes review of housing authority determinations, Article 78 courts continue to assert jurisdiction over challenges to housing authority termination decisions. Davis v. N.Y. City Hous. Auth., 30 Misc.3d 1202(A), 2010 WL 5187708, at *2 (N.Y.Sup.Ct. Dec. 8, 2010) (“While under article 78 the power of the supreme court to overturn an administrative agency’s determination is limited, the court is charged with the obligation to insure that the proceeding leading to such determination comports with basic tenets of due process and complies with the agency’s own guidelines and procedures.”). Those New York courts that have allowed a trial de novo in an eviction proceeding following an administrative hearing have done so not in reliance in § 966.57(c), but on language specific to that particular housing authority’s grievance procedure. For example, in New York City Housing Authority v. Simmons, the court held that the tenant could assert succession rights in a summary holdover proceeding in civil court commenced by the housing authority, despite the fact that she had defaulted by failing to appear at the administrative hearing, because the housing authority’s grievance procedure explicitly provided: No collateral, estoppel or res judicata effect of Grievance Procedure decisions and findings shall apply in such de novo judicial trial or other judicial proceedings. 148 Misc.2d 709, 710-11, 568 N.Y.S.2d 258, 258-59 (NY.App.Term 1990). Similarly, in Municipal Housing Authority for the City of Yonkers v. Jones, the Appellate Term held that, despite that fact that the housing authority’s termination decision was made following a full administrative hearing, the court in the summary holdover proceeding was required to conduct a trial de novo, as opposed to the limited due process review. In reaching this conclusion, the court distinguished the language in § 966.57(c) from that of the housing authority’s grievance procedure, which provided: [a] decision by the Hearing Officer ... which denies the relief requested by the complainant shall not constitute a waiver of, nor affect in any way, the rights of the complainant to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter. 13 Misc.3d 141(A), 831 N.Y.S.2d 360 (Table), 2006 WL 3437868, at *1-*2 (N.Y.App.Term Nov. 15, 2006). The Yonkers court held that the omission of the words “any” and “may have” — which are in § 966.57(c) but not the grievance procedure — “affirmatively suggests that the tenant has a right to a trial de novo”. Id.; see also Town of Oyster Bay Hous. Auth. v. Schwartz, 25 Misc.3d 1223(A), 906 N.Y.S.2d 776 (Table), 2009 WL 3764735 (N.Y.Dist.Ct. Nov. 10, 2009) (holding that the couit did not need to rule on whether § -966.57(c) required the housing court to provide tor a trial de novo following an administrative hearing because, as in Yonkers, the housing authority’s grievance procedures also omitted the words “any” and “majX have” as found in the federal regulations, and therefore a right to a trial de novo was “granted by the Housing Authority in its grievance procedures”); cf. New York City Hous. Auth. v. Margiato, 4 Misc.3d 135(A), 791 N.Y.S.2d 871 (Table), 2004 WL 1620868 (NY.App.Term 2004) (holding that the court “need not here decide whether the federal regulation creates a right to a trial de novo where none is elsewhere granted or merely preserves such rights if elsewhere granted since we find the regulation to be inapplicable to the case at bar”). However, unlike the grievance procedures in Simmons, Yonkers, and Schwartz, the language in the IHA’s grievance procedure is identical to the language in § 966.57(c). Thus, in New York state courts, in would appear that § 966.57(c) operates to provide public housing tenants with judicial review in an Article 78 proceeding, as opposed to a trial de novo in the summary-proceeding. See Yonkers, 2006 WL 3437868, at *1 (holding that § 966.57(c) “is not to create any rights to a trial de novo of the issue of whether the tenancy was properly terminated but merely to preserve the tenant’s right to judicial review of the administrative determination in a CPLR article 78 proceeding”). As a result, the Court finds that the Plaintiffs have met their burden of showing that they cannot assert their federal disability claims in the pending state court eviction proceeding. Accordingly, assuming the Plaintiffs can meet the other requirements for obtaining a preliminary injunction, the Court is not barred by the Anti-Injunction Act from enjoining the state court eviction proceeding, and the Court is not required to abstain from reaching the Plaintiffs federal claims under the Younger abstention doctrine. B. Legal Standard for a Preliminary Injunction “In order to justify a preliminary injunction, a movant must demonstrate (1) irreparable harm absent injunctive relief; and (2) ‘either a likelihood of success on the merits, or a serious question going to the merits to make them a fair ground for trial, with a balance of hardships tipping decidedly in the plaintiffs favor.’ ” Metro. Taxicab Bd. of Trade v. City of New York, 615 F.3d 152, 156 (2d Cir.2010) (quoting Almontaser v. N.Y. Dep’t of Educ., 519 F.3d 505, 508 (2d Cir.2008)). Generally, the purpose of a preliminary injunction is to preserve the status of the parties until a determination on the merits of the plaintiffs’ claims can be made. Univ. of Tex. v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 1834, 68 L.Ed.2d 175 (1981). However, “[w]hen, as here, the moving party seeks a preliminary injunction that will affect government action taken in the public interest pursuant to a statutory or regulatory scheme, the injunction should be granted only if the moving party meets the more rigorous likelihood-of-success standard.” Metro. Taxicab, 615 F.3d at 156 (quoting Cnty. of Nassau v. Leavitt, 524 F.3d 408, 414 (2d Cir.2008)); Lynch v. City of New York, 589 F.3d 94, 98 (2d Cir.2009). 1. Irreparable Harm As a general matter, courts have held that the “threat of eviction and the realistic prospect of homelessness constitute a threat of irreparable harm and satisfy the first prong of the test for preliminary injunctive relief.” Tellock v. Davis, No. 02-CV-4311, 2002 WL 31433589, at *7 n. 2 (E.D.N.Y. Oct. 31, 2002) (citing McNeill v. New York City Hous. Auth., 719 F.Supp. 233, 254 (S.D.N.Y.1989)); Baumgarten v. Cnty. of Suffolk, No. 07-CV-539, 2007 WL 1490482, at *5 (E.D.N.Y. May 15, 2007) (finding irreparable harm where the plaintiff faced immediate eviction absent the issuance of a preliminary injunction). Here, if the IHA is not enjoined from pursuing the summary holdover proceeding, the Plaintiffs will be evicted and rendered homeless. Thus, the Court finds that the Plaintiffs have satisfied the first requirement for a preliminary injunction by showing irreparable harm. 2. Likelihood of Success on the Merits The HUD Regulations and the Lease Agreement both permit a housing authority to terminate a tenancy where the tenant, or any member of the tenant’s household, engages in criminal activity that threatens the health safety, or right to peaceful enjoyment of the Authority’s public housing premises by other residents or employees of the Authority, or violent criminal activity committed on or off the premises Lease XIV(a)(7); 24 C.F.R. §§ 966.4(2 )(2)(iii)(A), 966.4(2 )(5)(ii)(A). However, even where a public housing tenant engages in criminal activity, a housing authority cannot terminate their tenancy without affording them due process. In addition, the housing authority cannot terminate ones tenancy if it would violate the FHA, ADA, or Rehabilitation Act. See 24 C.F.R. § 960.103(a) (“[t]he PHA must administer its public housing program in accordance with all applicable equal opportunity requirements imposed by contract or federal law, including [the FHA, ADA, and Rehabilitation Act]” (citing 24 C.F.R. § 5.105)); 24 C.F.R. § 966.4(2 )(5)(vii)(F) (2008) (“eviction actions must be consistent with fair housing and equal opportunity provisions”); ef. 42 U.S.C. § 1437d(Z)(6) (setting forth grievance procedure requirements for evicting a tenant that engages in “any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants ... shall be cause for termination of tenancy.”). In this regard, the Court will address separately the Plaintiffs’ likelihood of success on their Section 1983 causes of action and their claims under the federal disability statutes. However, although the Plaintiffs asserted their causes of action in the complaint as against all of the Defendants, the parties only addressed the Plaintiffs’ likelihood of success on the merits of their claims as against the IHA. Accordingly, the discussion below focuses only on the Plaintiffs’ likelihood of success on the merits of their claims as against the IHA. a. Whether the Plaintiffs Can Show a Likelihood of Success on the Merits of Their Claims Under Section 1983 In the complaint, the Plaintiffs assert causes of action pursuant to 42 U.S.C. § 1983, alleging that the IHA: (1) violated their due process rights as protected by the Fourteenth Amendment by failing to provide an impartial decisionmaker at the administrative hearing, and (2) violated their statutory rights under the United States Housing Act of 1937; FHA; ADA; and the Rehabilitation Act. i. As to the Plaintiffs’ Section 1983 Claim for a Violation of Due Process In the complaint, the Plaintiffs allege that the Defendants violated their due process rights by failing to provide an impartial decisionmaker. Although the Plaintiffs’ initial submission in support of the instant motion asserted that the purported inadequacy of the Decision constituted an independent due process violation, this contention is stated in a conclusory fashion and is not included in the complaint. Thus, the Court will only address the Plaintiffs’ likelihood of success on their claim, as asserted in the complaint, that the failure to provide an impartial decisionmaker was a violation of their constitutional right to due process. For its part, the IHA did not direc