Landlord Discriminated Against Tenant with Children

Facts: Tenant sued landlord for housing discrimination against persons with children. Tenant had lived in the apartment since 1975, later married, and had one child 10 years after moving in. Landlord had attempted to evict tenant. Tenant claimed that landlord violated RPL section 236, which barred housing discrimination against people with children. The jury ruled for tenant and awarded him $25,000. Landlord asked the court to set aside the jury's decision, claiming that the law was unconstitutional and didn't apply, and that she hadn't discriminated against tenant. Court: Landlord loses. The law was valid, not vague, and properly sought to protect families. Tenant also produced eight witnesses in court who supported tenant's claim that landlord was discriminating. Landlord had refused to install window guards and tried to bar tenant from using the building's terrace, which he'd used previously for 12 years. Landlord also brought a prior court action to recover tenant's apartment for owner occupancy, which was denied for lack of good faith. Tenant also showed that landlord had assaulted him and that he had suffered emotional distress. The jury's decision was fair and reasonable.

Filicore v. Jossel: NYLJ, p. 26, col. 1 (4/18/97) (Sup. Ct. NY; Ryp, J)