September 16, 2025

On September 16, 2025, DSB obtained summary judgment in favor of a Long Island town, dismissing a selective enforcement claim against it. Following years of summonses for fire safety and other issues at a motel that had been converted into longterm rentals, the landlord sued the Town, accusing it of violating the Equal Protection Clause by engaging in aggressive code enforcement efforts against their property while failing to issue similar violations for other properties where the tenants were not primarily Hispanic. The building burned down while the action was pending, but no-one was injured and Plaintiff argued that this was irrelevant and persisted with the claim. Following discovery, the Court granted our motion to dismiss the case. Among other things, there was no evidence of discrimination, and there was no evidence that the properties that the plaintiff claimed were being treated more favorably had similar pervasive code violations and hazardous conditions.