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 JudgmentIn Newson v. Vivaldi Real Estate Ltd., No. 452625/2022, 2023 WL 8846564 (N.Y. Sup Ct, New York County Dec. 21, 2023), the court denied defendants’ motion to reargue/for reconsideration of the court’s denial of defendants’ motion to dismiss plaintiff’s claim of housing discrimination, based on lawful source of income, under the New York City Human…
Read More Housing Discrimination Owner Defendants Vicariously Liable, in Source-of-Income Discrimination Case, for Acts of Real Estate Agent, Court HoldsIn 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 AllegedIn Boswell v. The 706 Condominium, No. 157018/2021, 2023 WL 3738426 (N.Y. Sup Ct, New York County May 31, 2023), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s housing discrimination claim under the New York City Human Rights Law. From the decision: Plaintiffs have sufficiently alleged a claim under the NYCHRL. Plaintiffs allege…
Read More Complaint Sufficiently Alleges Housing Discrimination Under the NYC Human Rights LawLegislation 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, HeightIn 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, OthersIn 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 DismissedSexual harassment may occur in a variety of contexts, including in the employment, educational, and – as I will discuss here – the housing context. The New York City Human Rights Law, inter alia, makes it an “unlawful discriminatory practice” for owners and lessors “because of” the “actual or perceived” gender of any person to…
Read More Can I Sue My NYC Landlord For Sexual Harassment?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 ActIn Farkas v. River House Realty Co., Inc., 2019 NY Slip Op 04322 (App. Div. 1st Dept. June 4, 2019), the First Department affirmed the dismissal of plaintiff’s lawsuit alleging, inter alia, violation of the New York State and City Human Rights Laws and tortious interference with contract. The court summarized the allegations as follows:…
Read More Housing Discrimination Claim Dismissal Affirmed; Anti-French Motivation Not Shown