Landlord Can't Evict Tenant Who Is the Victim of Domestic Violence

Landlord sued to evict tenant based on noise complaints made by other tenants. The court ruled against landlord. Tenant was a victim of family domestic violence and therefore discrimination against her was prohibited. Because tenant and her former boyfriend, the person who committed family offenses upon her, had an intimate relationship, they were in the same family or household for purposes of granting tenant domestic victim status. The boyfriend ignored an order of protection tenant obtained and continued to come to her apartment, where neighbors heard fighting many nights. Landlord claimed that tenant's conduct was objectionable and distrubed other tenants, but the source of loud, disturbing arguments with the boyfriend that spilled out into the building's common area was the domestic violence. As a result of her status, seeking to evict tenant was discriminatory and the eviction case was dismissed.  

KDG Albany, LP v. Dixon: Index No. LT-3532-18/AL, 2018 NY Slip Op 28384 (City Ct. Albany; 12/4/19; Marcelle, J)