Landlord Must Pay Fines and Damages for Racial Discrimination

Tenant filed a complaint against landlord with the NY State Division of Human Rights (NYSDHR), claiming discrimination based on race. Tenant said that landlord told her she would have to move out because there were too many black people in the building. Landlord then sued to evict tenant. That case was settled in court. The NYSDHR ruled in 2015 that landlord had discriminated against tenant based on her race and awarded tenant compensatory damages for mental anguish for $10,000; punitive damages totalling $5,000; and damages for economic loss for $1,620. NYSDHR also assessed a civil penalty in the amount of $10,000. Landlord filed an Article 78 court appeal, claiming that tenant's claims had already been decided in the housing court proceeding. But the housing court couldn't consider discrimination claims seeking compensatory and punitive damages. These claims also weren't presented before the housing court. The damages awarded by NYSDHR were rational, supported by substantial evidence in the record, and were similar to comparable awards.

Singh v. New York State Div. of Human Rights: Index No. 2017-12174, 2020 NY Slip Op 05213 (App. Div. 2 Dept., 9/30/20; Rivera, JP, LaSalle, Barros, Iannacci, Rivera, JP)