Housing Discrimination

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In Matter of People of the State of N.Y. v. Commons West, LLC, 2026 NY Slip Op 01253 (N.Y. App. Div. 3d Dept. March 5, 2026), the court upheld a lower court’s determination that New York’s law prohibiting housing discrimination based on lawful source of income, N.Y. Executive Law § 296 (5)(a)(1), is unconstitutional on…

Read More New York’s “Source of Income” Housing Discrimination Law Held Facialy Unconstitutional on Fourth Amendment Grounds
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In Calvert v. Allosource, No. 24-CV-03165-CYC, 2025 WL 3550963 (D. Colo. Dec. 11, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: The plaintiff asserts that the defendant created a hostile work environment because he reported discrimination and unsafe working conditions. ECF No. 9 at 6.…

Read More Hostile Work Environment Claim Dismissed; Complaint Lacked Sufficient Detail
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In Pacheco v. Kukaj, No. 158029/2024, 2025 WL 2256864 (N.Y. Sup Ct, New York County Aug. 05, 2025), the court denied defendant’s motion to dismiss plaintiff’s cause of action asserted under Victims of Violent Crime Protection Act, N.Y.C. Administrative Code § 10-401 et seq. From the decision: Under CPLR § 3211(a)(7), a “party may move…

Read More Plaintiff Sufficiently Alleges Claim Under NYC’s Victims of Violent Crime Protection Act, Court Holds
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In Zadok v. Lomner, No. 151526/2024, 2025 WL 675168 (N.Y. Sup Ct, New York County Mar. 03, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s false imprisonment claim. The court summarized, and applied, the law as follows: In an action for false imprisonment, four elements must be established: (1) the defendant intended…

Read More Tenant Sufficiently Alleges False Imprisonment Claim
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In Zadok v. Lomner, No. 151526/2024, 2025 WL 675168 (N.Y. Sup Ct, New York County Mar. 03, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s housing discrimination claim under the New York City Human Rights Law (NYCHRL). From the decision: To plead a cause of action for housing discrimination, a plaintiff must…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Housing Discrimination Claim
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In Newson v Vivaldi Real Estate Ltd., No. 2024-00261, 2982, 452625/22, 2025 N.Y. Slip Op. 00052, 2025 WL 36856 (N.Y.A.D. 1 Dept., Jan. 07, 2025), the Appellate Division, First Department addressed the following issue of first impression: whether owners of housing accommodations can be held vicariously liable for the discriminatory conduct of their real estate…

Read More Landlords May Be Vicariously Liable For Their Brokers’ Discrimination Under the NYC Human Rights Law, First Department Holds
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In McCabe v 511 West 232nd Owners Corp., No. 91, 2024 N.Y. Slip Op. 06290, 2024 WL 5126078 (N.Y., Dec. 17, 2024), the New York Court of Appeals held, as a matter of first impression, that a co-op board’s refusal to transfer a building unit to a shareholder’s partner because they were not married did…

Read More NY Court of Appeals: Co-Op Board’s Declining to Treat Deceased Shareholder’s Unmarried Partner as “Spouse” Did Not Constitute Discrimination Based on “Marital Status” Under the New York City Human Rights Law
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In Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claims of housing discrimination asserted under the New York State Human Rights Law (N.Y. Executive Law § 296(5)) and the New York City…

Read More Housing Discrimination Claims, Asserted Under the NYS and NYC Human Rights Laws, Dismissed
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In New York State Division of Human Rights v 153rd Street Associates, LLC, No. 2020-04593, 705427/18, 2024 N.Y. Slip Op. 01017, 2024 WL 820932 (N.Y.A.D. 2 Dept., Feb. 28, 2024), the court affirmed the denial of defendant’s motion for summary judgment seeking dismissal of plaintiff’s claim of housing discrimination asserted under the New York State…

Read More Housing Discrimination Claim Survives Summary Judgment
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In Clifton Park Apartments, LLC v. New York State Division of Human Rights, No. 2, 2024 N.Y. Slip Op. 00793, 2024 WL 628036 (N.Y., Feb. 15, 2024), the New York Court of Appeals explained the “protected activity” and “adverse action” elements of a retaliation claim, in the context of a housing discrimination asserted under the…

Read More NY Court of Appeals Clarifies Retaliation Standard Applicable to Housing Discrimination Claims
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