A first responder and medical doctor is embroiled in a legal battle against his homeowners' association, alleging discrimination and harassment based on his religion.
Plaintiff Dr. Charles J. Pearlman filed a complaint against Harbour Pointe at Arverne by the Sea Homeowners Association V, Inc., its Board of Directors, Committee Members, WEN Management Corp., and other unnamed parties, accusing the defendants of systematically interfering with his property rights and discriminating against him due to his Jewish faith. The complaint details numerous fines levied against Pearlman for alleged violations such as attaching a sprinkler to a fence or having sticks on top of a pergola—fines that he argues are baseless and discriminatory since similar actions by neighbors went unpunished. "The actions of the HOAV herein are with malice and without reason or basis," states the complaint, emphasizing that these actions have caused significant economic losses and emotional distress for Pearlman.
Pearlman acquired two adjacent beachfront properties in Queens, New York, in 2018, which were unique due to their combined dual living space design. Despite being part of a community featuring homes with uniform external features, Pearlman's property has been singled out for scrutiny by the homeowners' association (HOAV). The complaint alleges that from the outset, Pearlman's property was referred to contemptuously by neighbors and HOAV members as "the guy with the double." This animosity has manifested in various forms of interference with his property rights, including rescinded parking privileges and excessive fines totaling over $22,000 since April 2023.
Pearlman claims that these punitive measures are not only unjust but also violate federal and state laws protecting civil rights. He cites violations under the Fair Housing Act and New York law as grounds for seeking damages exceeding $1 million per cause of action. Additionally, he seeks injunctive relief to prevent further increases in HOA fees intended to finance litigation costs against him.
In pursuit of justice, Dr. Pearlman is asking for several forms of relief from the court: dissolution of Harbour Pointe at Arverne by the Sea Homeowners Association V, Inc., monetary damages estimated to exceed $1 million per cause of action due to discrimination under both federal and state laws, harassment claims, breach of duty allegations against board members for fiduciary misconduct, as well as an injunction preventing any increase in HOA fees.
The plaintiff is represented by attorney Martin Shell of the Shell Law Firm PLLC. The case was filed in the United States District Court for the Eastern District of New York under Civil Action No. 1:25-cv-0173.