Agent Refused to Show Apartment to Tenant with Child

The NYC Human Rights Commission ruled that landlord violated the city Human Rights Law by refusing to rent to prospective tenants who expected a baby, and ordered landlord to pay $5,000 in compensatory damages and undergo antidiscrimination training. Landlord appealed and won. Landlord and his son owned the three-apartment building. Landlord’s daughter and her family lived on the first floor, landlord lived on the second floor, and the third-floor apartment was for rent. Landlord was away at the time of the incident and the son lived out of state. Prospective tenant complained that, after he saw the apartment listed on Craigslist, he contacted landlord’s agent and the agent refused to show him the apartment because a child would be residing there. At the building, an employee of the agent asked tenant if he would live in the apartment alone, and he told the agent that his wife was pregnant. The agent said, “No babies,” and refused to show him the apartment. Landlord claimed that it wasn’t responsible for the agent’s action. The court ruled for landlord, finding there was insufficient proof that the agent’s employee had actual or apparent authority to act on landlord’s behalf. 

Shahbain v. Commission on Human Rights: 2016 NY Slip Op 50097(U), 2016 WL 365726 (Sup. Ct. NY; 1/22/16; Hunter Jr., J)