Landlord Didn't Have Control Over Resident Who Allegedly Harassed Tenant

Tenants sued landlord, claiming breach of the warranty of habitability and violations of federal and state housing discrimination laws. The court granted landlord's request to dismiss the case without trial. Tenants appealed and won, in part. Tenants had routinely complained about a rodent infestation in the apartment. The condition was observed by witnesses and eventually resulted in intervention by the NYC Dept. of Health & Mental Hygiene (DOHMH). The case was sent back for further proceedings to determine the duration of the uninhabitable conditions and appropriate rent abatement. Otherwise, the appeals court affirmed the ruling that there was no discrimination. Tenant complained about harassment from another tenant based on sexual orientation and race. But tenant showed no substantial control by landlord over the other tenant who allegedly harassed the complaining tenant. So tenant had no claim under the Fair Housing Act or state Human Rights Law.

Edstrom v. St. Nicks Alliance Corp.: Index No. 159450/14, App. No. 13830, Case No. 2021-00439, 2021 NY Slip Op 03112 (App. Div. 1 Dept.; 5/13/21; Renwick, JP, Manzanet-Daniels, Kennedy, Shulman, JJ)