Landlord Discriminated Against Disabled Tenant

Landlord cooperative corporation sued to evict tenant for creating a nuisance. While that case was pending in housing court, tenant filed a complaint with the New York State Division of Human Rights (DHR) claiming discrimination by landlord's co-op board based on her physical and mental disabilities. Landlord filed an Article 78 mandamus proceeding in State Supreme Court, seeking to compel DHR to dismiss tenant's complaint. The court ruled against landlord. Landlord claimed that DHR hadn't complied with time requirements set forth in the New York Executive Law for deciding tenant's complaint. But there were no mandatory time limits in the law. And in May 2018, DHR had issued a final determination finding discrimination. So landlord's petition for mandamus relief was now moot.

Stuyvesant Owners Inc. v. Division of Human Rights: 2018 NY Slip Op 51030(U) (Sup. Ct. NY; 6/29/18; Borrok, J)