Fair Housing Act 42 U.S.C. § 3601 et. seq.

In Francis v. Kings Park Manor, Inc., 2021 WL 1137441 (2d Cir. March 25, 2021), in an en banc decision, the court addressed the following issue: Does a plaintiff state a claim under the Fair Housing Act of 1968 (“FHA”) for intentional discrimination by alleging that his landlord failed to respond to reports of race-based harassment by…

Read More Second Circuit Affirms Dismissal of Tenant-on-Tenant Racial Harassment Case Under the Fair Housing Act
Share This:

In Melton v. Malcolm Shabazz, L.P. et al., 2021 WL 535661 (SDNY Feb. 12, 2021), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Fair Housing Act, 42 U.S.C. § 3601, et seq. In sum, plaintiff alleged that repairs to her apartment were delayed due to her race and/or national origin, and that…

Read More Fair Housing Act Claim Dismissed; “Delayed/Untimely Repairs” Were Not Racially Motivated
Share This:

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
Share This:

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
Share This:

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
Share This:

In Thurmond v. Bowman, No. 14-CV-6465W, 2016 WL 1295957 (W.D.N.Y. Mar. 31, 2016), a Fair Housing Act case, the court discussed the discoverability of social media evidence in connection with a claim for emotional distress damages. From the decision: I disagree that the entirety of a plaintiff’s social media account is per se relevant to…

Read More Seeking Emotional Distress Damages Does Not Automatically Make Social Media Posts Relevant and Discoverable, Court Holds
Share This:

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
Share This:

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
Share This:

In Francis v. Kings Park Manor, Inc., 14-cv-3555 (EDNY March 16, 2015), the court held that the plaintiff, an African American man whose neighbor subjected him to racist comments, stated a cause of action for breach of the implied warranty of habitability. Plaintiff alleged, for example, that his next-door neighbor called him a “fucking nigger” and repeatedly…

Read More Racist Neighbor’s Conduct Gives Rise to Breach of Warranty of Habitabilty Claim
Share This:
(212) 227-2100