Apartment Applicants Couldn't Afford Rent

June 30, 1995

LVT Number: 9797

Tenants complained to the NYS Division of Human Rights (DHR), claiming that landlord discriminated against them when she refused to rent them an apartment. The DHR ruled for tenants and awarded them $21,000 in damages. Landlord was also ordered to pay $15,000 in punitive damages. Landlord appealed, arguing that it didn't rent to tenants because they couldn't afford the apartment. The court ruled for landlord and revoked the discrimination finding. The DHR had found that landlord's claim was an excuse not to rent to tenants. But the court found no proof supporting this finding.

Tenants complained to the NYS Division of Human Rights (DHR), claiming that landlord discriminated against them when she refused to rent them an apartment. The DHR ruled for tenants and awarded them $21,000 in damages. Landlord was also ordered to pay $15,000 in punitive damages. Landlord appealed, arguing that it didn't rent to tenants because they couldn't afford the apartment. The court ruled for landlord and revoked the discrimination finding. The DHR had found that landlord's claim was an excuse not to rent to tenants. But the court found no proof supporting this finding. Tenants' income was insufficient to pay the rent.

Wierzbicki v. Rosa: 625 NYS2d 297 (1995) (App. Div. 2 Dept.; Bracken, JP, Pizzuto, Hart, Krausman, JJ)

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