Landlord Didn't Violate Fair Housing Act

May 31, 2002

LVT Number: 15832

Facts: Landlord sent tenant a notice to cure and a termination notice based on illegal subletting. Tenant then sued landlord, claiming discrimination under the Fair Housing Act. Tenant had AIDS, went to Florida during winter months for the warmer climate, and said it helped her to have a roommate stay in her apartment while she was away. She claimed that this was a reasonable accommodation landlord should give her based on her disability. A jury ruled for tenant and awarded her $300,000. Landlord appealed. Court: Landlord wins.

Facts: Landlord sent tenant a notice to cure and a termination notice based on illegal subletting. Tenant then sued landlord, claiming discrimination under the Fair Housing Act. Tenant had AIDS, went to Florida during winter months for the warmer climate, and said it helped her to have a roommate stay in her apartment while she was away. She claimed that this was a reasonable accommodation landlord should give her based on her disability. A jury ruled for tenant and awarded her $300,000. Landlord appealed. Court: Landlord wins. Tenant didn't suffer any interference with her use and enjoyment of the apartment. Tenant was seeking an economic accommodation to help her pay for the apartment. This wasn't an accommodation related to her illness.

Marks v. Bldg. Mgmt. Co., Inc.: NYLJ, 5/7/02, p. 23, col. 4 (S.D. NY; Katz, J)

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