Housing Discrimination

In Francis v. Kings Park Manor, Inc., No. 15-1823-cv, 2019 WL 6646495 (2d Cir. Dec. 6, 2019), the U.S. Court of Appeals for the 2nd Circuit resurrected plaintiff’s claims of race discrimination (under, inter alia, the Fair Housing Act), arising from plaintiff’s being subjected, by his next-door neighbor, to “a brazen and relentless campaign of…

Read More Fair Housing Act Covers Tenant-on-Tenant Racial Harassment, 2d Circuit Holds
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In Favourite v. 55 Halley Street, Inc., 2019 WL 2226762 (S.D.N.Y. May 23, 2019), the court dismissed plaintiff’s claim of race discrimination under the federal Fair Housing Act (FHA). The court summarized the law as follows: Plaintiff alleges the Defendants engaged in discriminatory housing practices on the basis of race in violation of the Fair…

Read More Court Dismisses “Hostile Housing Environment” Claim Under the Fair Housing Act
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In Farkas v. River House Realty Co., Inc., 2019 NY Slip Op 04322 (App. Div. 1st Dept. June 4, 2019), the First Department affirmed the dismissal of plaintiff’s lawsuit alleging, inter alia, violation of the New York State and City Human Rights Laws and tortious interference with contract. The court summarized the allegations as follows:…

Read More Housing Discrimination Claim Dismissal Affirmed; Anti-French Motivation Not Shown
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In a recent case, Francis v. Kings Park Manor, Inc. et al, No. 15-1823-cv (2d Cir. March 4, 2019), the Second Circuit held that a landlord “may be liable under the [Fair Housing Act, 42 U.S.C. §§ 3604(b), 3617] for failing to take prompt action to address a racially hostile housing environment created by one…

Read More Fair Housing Act Reaches Tenant-on-Tenant Racial Harassment, 2d Circuit Holds
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In Rodriguez v. 308 Hull LLC, 2018 NY Slip Op 32457(U), 451200/2018 (NY Sup. Ct. NY Cty. Sept. 27, 2018) (J. Tisch), the court held that plaintiff made out a prima facie case of housing discrimination under the New York City Human Rights Law, and was entitled to injunctive relief. The court summarized the governing…

Read More Housing Discrimination Claim Stated, and Injunction Issued, Based on Limitation to “Working Section 8” Residents
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In Spavone v. Transitional Servs. of New York Supportive Hous. Program (TSI), No. 16-CV-1219 (MKB), 2016 WL 2758269 (E.D.N.Y. May 12, 2016), the court assessed plaintiff’s claims of, e.g., disability, race and national origin discrimination in violation of the Fair Housing Act, 42 U.S.C. § 3604 et seq. (FHA). The court explained that the FHA recognizes a…

Read More Court Dismisses Plaintiff’s “Hostile Housing Environment” Claim Under the Fair Housing Act
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In a lawsuit filed on March 25, 2016 in Manhattan federal court, Durazzo v. BRG West Village LLC 16-cv-02232, the plaintiff alleges that he was denied the opportunity to purchase his West Village Apartment because he has cancer, in violation of the federal Fair Housing Act. (He also asserts claims for breach of contract.) The federal Fair…

Read More Fair Housing Act Lawsuit By Cancer Patient Denied Opportunity to Purchase West Village Apartment
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A recent federal court decision illustrates the rights that tenants, particularly those in New York City, have against discrimination outside the employment context. In Ponce v. 480 East 21st Street LLC, the court held that plaintiff stated a sex discrimination claim under the New York City Human Rights Law, and retaliation claims under that statute…

Read More Tenant States Claims Under the Fair Housing Act and New York City Human Rights Law Following Sexual Harassment By Superintendent
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