Landlord Can't Discriminate Against Tenant-Employees with AIDS

Landlord hospital sued to evict two tenant-employees who occupied hospital housing. Landlord had fired both tenants, and then claimed they could be evicted because they were no longer affiliated with the hospital by reason of employment. Since they had been affiliated tenant-employees, they were exempt from rent stabilization. Tenants claimed that the evictions, as well as the termination of their employment, were retaliatory because both of them had AIDS. The court noted that landlord was subject to federal, state, and city laws barring employment discrimination based on disability, and that AIDS is considered a disability under New York City and federal laws. The court ruled that a trial was required to determine whether landlord was in fact discriminating against tenants.

[New York Infirmary---Beekman Downtown Hospital v. Sarris: 588 N.Y.S.2d 748 (8/13/92) (Civ. Ct. N.Y.; Ryp, J)]