Occupant of Illegal Basement Didn't Prove Racial Discrimination

(Decision submitted by Anthony J. Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Occupant of an illegal basement apartment filed a complaint against landlord for unlawful employment discrimination. After investigation, the State Division of Human Rights dismissed the complaint. Occupant lived in the basement laundry room of the building. In exchange for using this space as an illegal room, occupant helped the building super clean the halls and remove the garbage. He was never employed by landlord. When landlord took over the building management in 2003, it discovered that the super had allowed six people to illegally occupy space in the building. Shortly thereafter, landlord fired the super and asked the occupants to move out. Occupant who filed the complaint was the only one who refused to leave. He was later evicted, after a housing court case was started.

Hernandez v. J&M Realty Corp.: Case No. 4607804 (NY State Div. of Human Rights, 4/11/05) [2-pg. doc.]