Landlord Can't Transfer DHR Discrimination Complaint to State Supreme Court

Tenant complained to the State Division of Human Rights (DHR) of housing discrimination by landlord based on source of income. The DHR found probable cause to go forward with consideration of tenant's claim and notified landlord in October 2020. In April 2021, landlord sent the DHR a notice of intent to change forum from the DHR to State Supreme Court. The DHR found landlord's request to change forum was too late and therefore time-barred. Landlord appealed, claiming that the DHR's decision was arbitrary and asking the court to transfer the case.

The court ruled against landlord. Landlord claimed that its delay was caused by the COVID-19 pandemic, but the court found landlord offered no details to support this claim. Any tolls of statute of limitations issued by Executive Orders during the pandemic didn't apply. And, despite the DHR's willingness to review additional information, landlord didn't submit any. The DHR's rejection of landlord's request to transfer this administrative proceeding to the court was soundly based in Human Rights Law Section 297.9.

Oakwood Manor LLC v. Sandefur: Index No. 615316/21, NYLJ No. 163939946 (Sup. Ct. Suffolk; 12/2/21; St. George, J)