Source-of-Income 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 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 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 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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