Eviction Delayed Pending Tenant's Discrimination Claim

April 1, 1998

LVT Number: 12206

Facts: Landlord co-op sued to evict deceased proprietary lessee's gay life partner, who was mentally retarded. Landlord claimed that occupant was a licensee. Occupant claimed he had pass-on rights to the apartment under the terms of the proprietary lease and that landlord was discriminating against him based on his sexual orientation and disability. Occupant had filed a complaint with the New York City Human Rights Commission (HRC) before landlord brought the eviction case and now asked the court to delay the eviction case until his HRC complaint was resolved.

Facts: Landlord co-op sued to evict deceased proprietary lessee's gay life partner, who was mentally retarded. Landlord claimed that occupant was a licensee. Occupant claimed he had pass-on rights to the apartment under the terms of the proprietary lease and that landlord was discriminating against him based on his sexual orientation and disability. Occupant had filed a complaint with the New York City Human Rights Commission (HRC) before landlord brought the eviction case and now asked the court to delay the eviction case until his HRC complaint was resolved. Court: The court ruled for occupant. HRC has a particular expertise in discrimination law. If occupant's discrimination claim was found to be true, he could have pass-on rights as a family member under the proprietary lease provisions directing reasonable consent to assignment to shareholder's family members and barring discrimination on the basis of, among other things, sexual orientation.

170 W. 85th St. HDFC v. Jones: NYLJ, p. 29, col. 6 (3/18/98) (Civ. Ct. NY; Hoffman, J)

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