Proceeding Delayed Pending Tenant's Discrimination Complaint

Landlord sued to evict tenant for chronic nonpayment of rent, claiming that it had been forced to bring many nonpayment proceedings against tenant. Tenant claimed that landlord had discriminated against him and his roommate on the basis of their status as a gay couple. Tenant stated that landlord had improperly refused to offer him a renewal lease, and had repeatedly refused rent payments made on the couple's joint checking account. Tenant asked the court to postpone the case because he'd filed a discrimination complaint with the NYC Commission on Human Rights. The court delayed the nonpayment case until the Human Rights Commission ruled on tenant's discrimination complaint. The Commission's hearing would determine if landlord's real reason for refusing tenant's rent payment was to discriminate against tenant based on his sexual orientation. So, the outcome of the nonpayment case depends on the Commission's findings.

Mora v. DiBartolo: NYLJ, p. 27, col. 2 (2/8/95) (Civ. Ct. NY; Friedman, J)