Landlord Needn't Prove Nondiscriminatory Reason for Firing Employee

August 31, 1995

LVT Number: 9942

Landlord sued to evict tenant after tenant's employment ended. The court ruled that landlord must show that termination of tenant's employment was unconnected with and independent of tenant's disability and discrimination claims. Landlord appealed, and the appeals court ruled for landlord in part. Landlord didn't have to prove at the outset that it had a nondiscriminatory reason for firing tenant. Tenant must prove possible discrimination in its defense against landlord.

Landlord sued to evict tenant after tenant's employment ended. The court ruled that landlord must show that termination of tenant's employment was unconnected with and independent of tenant's disability and discrimination claims. Landlord appealed, and the appeals court ruled for landlord in part. Landlord didn't have to prove at the outset that it had a nondiscriminatory reason for firing tenant. Tenant must prove possible discrimination in its defense against landlord. If tenant properly raises the issue, landlord then and only then may have to show legitimate, independent, and nondiscriminatory reasons for firing tenant.

Ladies Christian Union v. Yelton: NYLJ, p. 21, col. 5 (8/18/95) (App. T. 1 Dept.; Parness, JP, Miller, JJ)

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