Landlord Didn't Discriminate Against Nonpaying Tenant

Rent-stabilized tenant sued landlord for discrimination based on race. Landlord participated in the New York State 80/20 program by which tenant paid a reduced rent as a low-income tenant. Tenant further received a veterans' benefit that subsidized 70 percent of his rent with a Section 8 voucher. Tenant was responsible for the balance of his monthly rent. Between 2007 and 2010, landlord sued to evict tenant twice for nonpayment of his portion of the rent. Tenant also sued landlord. All of these cases were settled. Tenant then sued landlord in federal court, claiming discrimination and harassment based on the nonpayment proceedings, alleged rent overcharge, and unauthorized entry into the apartment for repairs. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Even if tenant was overcharged, there was no proof that landlord's nonpayment proceedings were based on tenant's race. There also was no proof that landlord treated tenant differently than other tenants in how it made repairs.

Haber v. ASN 50th St. LLC: Index No. 10 Civ 3536(VM), 2012 WL 843275 (SDNY; 3/7/12; Marrero, DJ)