Court Annuls DHR Ruling That Landlord Engaged in Unlawful Discrimination

CityVision Services, a not-for-profit corporation involved in the prevention of housing discrimination, filed a complaint against landlord with the NY State Division of Human Rights (DHR). After posing as a prospective tenant with three young children, CityVision filed its complaint and claimed that landlord unlawfully steered the "tenant" to a different apartment complex and that its actions constituted the discriminatory practice of retaliation. Landlord denied the allegations as "false, fraudulent and libelous." After a hearing, the DHR agreed that landlord was guilty of discriminatory practices.

Landlord appealed and won. The DHR employed an incorrect burden-shifting analysis. In order for CityVision to demonstrate that it engaged in protected activity by filing its discrimination complaint, it was required to show that it held a reasonable belief that landlord was engaged in discriminatory practices. But the DHR's ALJ didn't undertake any analysis as to whether CityVision reasonably believed that landlord was engaging in a discriminatory practice during the telephone call in question. The DHR hearing evidence also failed to support the finding that landlord took adverse action against CityVision. The court annulled DHR's determination.

Matter of Clifton Park Apts., LLC v. NY State Div. of Human Rights: Index No 533592, 2022 NY Slip Op 02852 (App. Div. 3 Dept.; 4/28/22; Pritzker, JP, Reynolds Fitzgerald, Ceresia, JJ)