NYC Ban on Children in SROs May Be Discriminatory

Landlord sued to evict tenant, who lived with her children in an SRO unit. Landlord relied on a New York City regulation that barred children under the age of 16 from living in SRO units. Landlord had received a violation notice from the city based on tenant's occupancy. Tenant then sued landlord and the city, claiming that Housing Maintenance Code Section 2-2076(b) allowed illegal discrimination on the basis of family status, in violation of the federal Fair Housing Act. The case was dismissed against landlord but not against the city. The city argued that there was a rational basis for the rule and asked the court to dismiss the case without a trial. The city claimed that the law was intended to protect children from unsafe and unsanitary living conditions that could be harmful to their welfare. Tenant argued that the effect of the regulation was to force families into homelessness. The federal court ruled against the city. Review of this regulation required more than a finding of whether it was rational. The court must look at whether the regulation furthered a legitimate government interest and whether there was no alternative that would work with a less discriminatory effect. The city must present evidence to justify the rule.

Sierra v. City of New York: NYLJ, 5/22/08, p. 30, col. 3 (S.D.N.Y.; Rakoff, J)