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 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 Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), a housing discrimination case, the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: To prove…

Read More Retaliation Claims, Based on Issues With Repair and Service Following Complaint About Super’s Alleged Discriminatory Comment, Survives Summary Judgment
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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 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 Holds
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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 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 Law
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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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