Landlord Didn't Discriminate Against HUD Tenant Who Sought Larger Apartment

March 19, 2015

LVT Number: #26037

African-American HUD tenant and her daughter sued landlord for discrimination. The daughter lived with tenant as her aide in a one-bedroom apartment. They claimed that landlord violated the Fair Housing Act, the American With Disabilities Act, and state laws by failing to accommodate tenant by moving her to a two-bedroom apartment. The court ruled against tenant and dismissed the case for failure to state a discrimination claim. Tenant and her daughter didn't take proper steps to apply for a two-bedroom apartment and therefore didn't qualify.

African-American HUD tenant and her daughter sued landlord for discrimination. The daughter lived with tenant as her aide in a one-bedroom apartment. They claimed that landlord violated the Fair Housing Act, the American With Disabilities Act, and state laws by failing to accommodate tenant by moving her to a two-bedroom apartment. The court ruled against tenant and dismissed the case for failure to state a discrimination claim. Tenant and her daughter didn't take proper steps to apply for a two-bedroom apartment and therefore didn't qualify. Among other things, they didn't attempt to qualify the daughter as a live-in aide in order to comply with HUD regulations. 

Wilson v. Wilder Balter Partners, Inc.: Index No. 13-CV-2595, NYLJ No. 1202718867401 (SDNY; 2/17/15; Karas, DJ)

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