Landlord Didn't Discriminate Against Applicants

Tenant-applicants, husband and wife, applied for a luxury apartment in a Roosevelt Island building. Landlord participated in the City's R10 Inclusionary Housing Program, which allowed for rental to income-eligible tenants at affordable rents. Landlord rejected tenants' application based on questionable income information. Tenants sued landlord, claiming discrimination. The husband had AIDS, and the wife had a vision impairment. Landlord claimed that there was no discrimination, claiming that tenants failed to supply accurate and consistent information concerning their income. Landlord asked the court to dismiss the case without a trial.

The court ruled for landlord. The R10 program had strict income requirements, and landlord was entitled to insist on accurate information., which it didn't receive. The fact that each of the tenants provided different information concerning their income and whether they lived together indicated they weren't telling the whole truth about their income. There also were differences between information tenants provided to HRA and to the landlord.

Kennedy v. Related Management: NYLJ, 8/5/09, p. 29, col. 3 (SDNY; Crotty, J)