next case on the calendar is tall the new york city housing  true and that is all the more true for a pro se plaintiff who is alleging a violation of her civil rights here the district court erred in dismissing miss hall's pro se complaint for two reasons first miss hall possibly allege that nature refused to gran her reasonable accommodation that was necessary to allow her a disabled person an equal opportunity to use and enjoy an apartment second she possibly allege that after she told night that she would enforce her rights in federal court if necessary  immediately retaliated against her by filing a frivolous eviction action as to the reasonable accommodation claim nature does not contest for key points first that miss hall is disabled she suffered in a scheme in twenty four your teen  cause permanent vision impairment and also mobility problems the mobility problems have improved over time the vision impairment is permanent she also suffers from severe asthma and allergies to dust and mold also doesn't  contest that there's a serious problem with the heat in missiles apartment so the heat can reach over ninety eight degrees in the middle of the winter with the windows open making it difficult for ms salt to breathe and that her vulnerability to the heat  s special right because of her asthma her act her as i makes it uniquely difficult for her to breathe when the heat has reached these incredible proportions and also agrees that in order to fix the problem with the heat it must tear down the walls in her apartment use foam to insulate the heating pipes and then rebuild the walls and mrs hall has repeatedly explained that because of her asthma she can't live in the apartment while the walls are being torn down make some efforts to fix some of these issues and i think you argue that some of the evidence about that isn't properly considered a motion to dismiss you know if we were to consider it what would be the import refusals we have a kind of fluid record here given the history of litigation and the extensive nature of her complaint i was troubled by the allegations about those refusals could you address that so mr hall has only refused the types of repairs that she would be unable to be present in the apartment for so for example when one has sent bricklayers and mason workers and repair people to break down the walls of her apartment insulate the foam sorry use foam to insulate the pipes and then rebuild the walls of the apartment miss hall has refused to allow those people to come into the apartment and do that while she continues to reside in the apartment because she has made clear that anything that would expose dust or miss hall explained at the time that she had just so suffered a serious stroke that her right side was immobile that she would be unable to pack or move and they did not offer to wait until mr hall head had any time to regain any of her strength and mobility and indeed miss home made the same request for reasonable accommodation on january twenty ninth two thousand and fourteen so about four to five weeks later and they refused at that point could you address the retaliation  claim and in particular assuming that this protection activity is protected activity the quest for accommodation how does the complaint make plausible that the addiction proceedings were commenced in retaliation alleged as you mentioned that she had protected activity when she informed the general counsel of knight on october twenty ninth two thousand and fifteen that she would sue in federal court to enforce her rights if necessary and then six days later  retaliates against her by filing this eviction action nature argues that it has a legitimate nondiscriminatory or non retaliatory reason for filing the victim actions that mr hall owed unpaid rent however whether the v were tallaght ory or not can be resolved on a motion to dismiss because mr hall alleges in her complaint that she did not owe any unpaid rent and that factual allegation has to be accepted as true for purposes of a motion to dismiss were aren't there allegations about repeated eviction proceedings brought very i'm trying to just make sense of how how much weight we should read at the complaint station the fact that the addiction proceeding is begun six days after the complaint given that there were multiple addiction proceedings so there have been seven totally victim proceeding since two thousand and ten most of them occurred shortly after mrs hall had either requested a reasonable accommodation or in this case explained that she would resort to a suit in federal court if necessary however from all of those seventy of action proceedings niter has never received an order from any judge in the state of new york saying that miss hall actually does unpaid rent and most recently in fact this past may a landlord tenant court judge agreed with my client that she did not owe unpaid rent and dismissed nights as an action as satisfied and so i think that all of that proof is more than enough to have a plausible allegation that these actions were being used in retaliation for missiles protected activity in her complaint ms toll described numerous requests for accommodations some of which didn't seem to relate to any of her disabilities i gather she requested that her bathroom be given an additional entrance and but i understand from your briefing that you're really focusing on appeal on her asthma and the heat and her breathing incapacity because that affects work that would be done to remediate and so on it is that was that right that yes i should focus on yes that's correct as you noted my client was not represented by an attorney before the district court and so a lot of material that she included in her complaint twice right after she had knee surgery however that allegation would be barred by the statute of limitations at this point and so we're not focusing on the problem with the step in two thousand and seven and i understand that you were appointed right to represent thank you your efforts on her behalf but if we were to remain for further proceedings would your representation of her cease or what would be expect so my representation of her would have to cease because i am starting a job with the attorney general of new jersey shortly and i would not be able to represent mr hall in that capacity however i am working my absolute hardest to try to find someone who would be able to represent mr hall in the district court and this court has also previously in similar cases noted in their opinion that perhaps a district court could consider appointing counsel under section one nine hundred fifteen f or procrit in the district court and i think that would be appropriate in this case my client actually because of her serious vision impairment that is what makes it very difficult for her to represent herself and so in conclusion i just wanted to say that miss hall has tried everything in her power to get the accommodation that she needs to protect her health and she hopes that this court