Fair Housing Act

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

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

In Spavone v. Transitional Servs. of New York Supportive Hous. Program (TSI), No. 16-CV-1219 (MKB), 2016 WL 2758269 (E.D.N.Y. May 12, 2016), the court assessed plaintiff’s claims of, e.g., disability, race and national origin discrimination in violation of the Fair Housing Act, 42 U.S.C. § 3604 et seq. (FHA). The court explained that the FHA recognizes a…

Read More Court Dismisses Plaintiff’s “Hostile Housing Environment” Claim Under the Fair Housing Act

In a lawsuit filed on March 25, 2016 in Manhattan federal court, Durazzo v. BRG West Village LLC 16-cv-02232, the plaintiff alleges that he was denied the opportunity to purchase his West Village Apartment because he has cancer, in violation of the federal Fair Housing Act. (He also asserts claims for breach of contract.) The federal Fair…

Read More Fair Housing Act Lawsuit By Cancer Patient Denied Opportunity to Purchase West Village Apartment

In Francis v. Kings Park Manor, Inc., 14-cv-3555 (EDNY March 16, 2015), the court held that the plaintiff, an African American man whose neighbor subjected him to racist comments, stated a cause of action for breach of the implied warranty of habitability. Plaintiff alleged, for example, that his next-door neighbor called him a “fucking nigger” and repeatedly…

Read More Racist Neighbor’s Conduct Gives Rise to Breach of Warranty of Habitabilty Claim