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

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In Glagola v. MacFann, 2:22-cv-1263-NR-LPL, 2023 WL 7271340 (W.D.Pa. Nov. 3, 2023), the court, inter alia, held that plaintiff stated claims for sexual harassment (under quid pro quo and “hostile housing environment” theories) under the Fair Housing Act, as well for forced labor and sex trafficking under the Trafficking Victims Protection Act. As to plaintiff’s…

Read More Citing Alleged “Rent For Sex” Conduct, Court Denies Motion to Dismiss Tenant’s “Quid Pro Quo” Sexual Harassment Claim Under the Fair Housing Act
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In Gibson v. 526 W. 158th St. Hous. Dev. Fund Corp., 2023 NY Slip Op 05686 (N.Y. App. Div. Nov. 14, 2023), the court unanimously affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s complaint alleging housing discrimination. From the decision: The motion court correctly determined that plaintiff’s second amended complaint adequately pleaded…

Read More Housing Discrimination Claim, Based on Denial of Application, Sufficiently Alleged
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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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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 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
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