Did Landlord Discriminate on Basis of Tenant's Lawful Income?

Tenant sued landlord, its real estate broker, and other individual agents for discrimination based on lawful source of income, in violation of the NYC Human Rights Law. Tenant asked the court to decide the case in her favor without a trial. The court ruled against tenant. Tenant claimed that landlord refused to rent to her because she had a Section 8 voucher. Landlord argued that, since tenant didn't directly apply to its office, she couldn't claim discrimination by landlord. But, under the provisions of the city law and under the facts of the case, tenant didn't have to engage in a "futile gesture" by directly applying for the apartment in order to pursue a claim. And, since the apartment was advertised only through a real estate broker, tenant wouldn't have any obligation to directly seek out the landlord and request to be considered for available apartments. But tenant hadn't proved that landlord was responsible for discriminatory acts by its agent. A trial was needed to determine the facts.

Banks v. Peace of Mind Realty: 2019 NY Slip Op 32689(U) (Sup. Ct. NY; 9/6/19; Hagler, J)