Occupant's Housing Discrimination Claim Against NYU Is Dismissed

Apartment occupant complained to the NY State Division of Human Rights (DHR) of discrimination by landlord NYU after landlord refused to offer him a vacancy lease. The DHR ruled against occupant, finding no discrimination. Occupant then commenced an Article 78 court proceeding, seeking to overturn DHR's decision.

The court ruled against tenant. DHR's ruling that there was no probable cause for finding that NYU acted with discriminatory animus in refusing to offer tenant a vacancy lease was not arbitrary and capricious or lacking a rational basis in the record. In fact, NYU was entitled to evict tenant from the apartment under a Housing Court order. DHR also independently interviewed several tenants in the building, and found that some of these tenants also were members of the protected class that occupant belonged to and didn't experience or witness any discriminatory actions. There was also no proof that occupant had filed complaints of discrimination by NYU previously. This undermined his claim of retaliation. DHR's investigation was neither abbreviated nor one-sided.

Wiltz v. NY State Division of Human Rights: App. No. 12685, Case No. 2019-05482, 2020 NY Slip Op 07735 (App. Div. 1 Dept.; 12/22/20; Friedman, JP, Renwick, Singh, Shulman, JJ)