Housing Discrimination

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Legislation pending before the New York City Council, Int 0209-2022, would “amend the administrative code of the city of New York, in relation to prohibiting discrimination on the basis of a person’s height or weight in opportunities of employment, housing, and access to public accommodations.” The legislation is summarized as follows: This bill would prohibit…

Read More NYC-Proposed Legislation to Prohibit Discrimination Based on Weight, Height
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In Housing Rights Initiative, Inc. v. Elliman et al, No. 154472/2022, 2023 WL 1387426 (N.Y. Sup Ct, New York County Jan. 30, 2023), the plaintiff – a nonprofit housing group – alleges that defendants (real estate agents, brokerage firms, property management companies, and property owners) “willfully and intentionally refused to rent apartments to individuals who…

Read More Source-of-Income Housing Discrimination Claims Proceed Against Elliman, Others
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In Unobagha v. Hilton Garden Inn Times Square North, No. 652744/2022, 2022 WL 16950044 (N.Y. Sup Ct, New York County Nov. 15, 2022), the court, inter alia, dismissed plaintiff’s claim of housing discrimination asserted under the New York City Human Rights Law. Such discrimination is actionable under N.Y.C. Admin. Code § 8-107 (5)(a)(1), which makes it…

Read More Hotel Guest’s Race-Based Housing Discrimination Claim Dismissed
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In a recent decision, the U.S. Court of Appeals for the Eleventh Circuit[1]Note: This firm does not engage in the practice of law, and its owner is not licensed to practice law, in the jurisdiction which issued this decision. held that the federal Fair Housing Act prohibits, as a form of “discrimination,” sexual harassment. The…

Read More Sexual Harassment is Prohibited by the Fair Housing Act, 11th Circuit Holds
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In Edstrom v. St. Nicks Alliance Corp., 2021 NY Slip Op 03112 (App. Div. 1st Dept. May 13, 2021), the court affirmed the dismissal of plaintiff’s claims of housing discrimination under the Fair Housing Act (42 USC §§ 3604 and 3617) and New York State Human Rights Law, but held that there were sufficient facts…

Read More Housing Discrimination Dismissal Affirmed; Habitability Claim Survives
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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
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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
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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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