Landlord Didn't Discriminate by Rejecting Tenant's Request to Transfer to Larger Apartment

(Decision submitted by James R. Marino, of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained to the New York City Human Rights Commission (HRC) that landlord had discriminated against her because of her race by rejecting her application to transfer into a larger apartment. Tenant claimed she qualified for larger apartment and that landlord had approved similar applications of non-black tenants. The HRC ruled against tenant. Landlord showed that tenant's application was rejected because of tenant's credit history. Landlord did credit checks on all tenants who asked for transfers. Tenant's credit history showed insufficient income, that tenant had filed for bankruptcy, and that she had no established credit history under the name she used in her application. Tenant also told landlord she was married and listed her husband's employer. But the credit check showed no record of husband's name or any firm by the name submitted by tenant. Landlord had also sent tenant nearly 20 nonpayment petitions and had gotten a number of eviction warrants against tenant for nonpayment of rent during her tenancy.

Garner v. Stanford Leasing Corp.: NYC HRC Complaint No. H94-0604 (10/28/96) [3-page document]