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 tenant targeting another, where the landlord knew of the discriminatory conduct and had the power to correct it[.]”
As a threshold matter, the court held that so-called “post-acquisition” discrimination claims – i.e., those based on conduct occurring after plaintiff buys or rents housing – are cognizable under the FHA.