Does Refusing Section 8 Voucher Discriminate Against Disabled Tenant?

April 30, 2008

LVT Number: #20383

Tenant moved into landlord's building in 1992. In 2006, tenant obtained a Section 8 voucher from NYCHA. Landlord refused to accept the voucher. Tenant sued landlord, claiming discrimination. Landlord asked the court to dismiss the case without a trial, arguing that tenant had no claim. The court ruled against landlord. Tenant may have a valid claim. Tenant was obese and had congestive heart failure. She couldn't work and was unable to walk very far. Tenant said that landlord's refusal to accept the Section 8 voucher was a failure to reasonably accommodate her disability.

Tenant moved into landlord's building in 1992. In 2006, tenant obtained a Section 8 voucher from NYCHA. Landlord refused to accept the voucher. Tenant sued landlord, claiming discrimination. Landlord asked the court to dismiss the case without a trial, arguing that tenant had no claim. The court ruled against landlord. Tenant may have a valid claim. Tenant was obese and had congestive heart failure. She couldn't work and was unable to walk very far. Tenant said that landlord's refusal to accept the Section 8 voucher was a failure to reasonably accommodate her disability. If proved, landlord's action would be a violation of federal law.

Freeland v. Sisao LLC: NYLJ, 4/10/08, p. 24, col.3 (E.D.N.Y.; Sifton, J)

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