Not Enough Proof to Show Landlord Had Discriminated

Prospective tenants complained to the New York State Division of Human Rights that landlord wouldn't rent them an apartment because they were African-American and an unmarried couple. The Human Rights Division ruled for tenants and ordered landlord to pay them each $25,000 in compensatory damages. Five years later, tenants filed a court petition to enforce that order. Landlord claimed there wasn't enough proof to support the Human Rights Division's ruling. The court ruled for landlord and dismissed the petition. Tenants had paid a binder to a real estate agent on April 28, 1985. The agent couldn't reach landlord immediately. In the meantime, landlord had accepted a binder directly from another tenant. He didn't learn of tenants' bid on the apartment until after he'd accepted the other tenant. On the whole, there wasn't enough proof of discrimination. And, while not directly proving anything, landlord had tenants who were either African-American or unmarried.

Matter of NYS Division of Human Rights: NYLJ, p. 31, col. 2 (12/10/93) (App. Div. 2 Dept.; Mangano, PJ, Sullivan, Lawrence, O'Brien, JJ)