Prospective Shareholder-Tenant Sues Landlord for Housing Discrimination

September 27, 2022

LVT Number: #32235

A prospective tenant sued landlord housing cooperative for housing discrimination. The plaintiff was a Black woman with a disabled son, whose housing application was denied. She alleged that landlord had a pattern and practice of discrimination based on race and disability. The plaintiff pointed to a current eviction proceeding by landlord against a disabled, Black senior citizen; landlord's harassment of another co-op owner's depressed son; and the fact that landlord hadn't approved a Black applicant for an apartment in the past seven years.

A prospective tenant sued landlord housing cooperative for housing discrimination. The plaintiff was a Black woman with a disabled son, whose housing application was denied. She alleged that landlord had a pattern and practice of discrimination based on race and disability. The plaintiff pointed to a current eviction proceeding by landlord against a disabled, Black senior citizen; landlord's harassment of another co-op owner's depressed son; and the fact that landlord hadn't approved a Black applicant for an apartment in the past seven years. Landlord asked the court to dismiss the case, arguing that the plaintiff's claims were based on "information and belief" and that she failed to plead the elements of housing discrimination.

The court ruled against landlord. The plaintiff adequately presented a case for housing discrimination because she was a member of a protected class who was qualified to purchase the apartment in question, was denied, and the circumstances of her denial supported an inference of discrimination. Dismissal of a claim based on information and belief would be improper when the claims can be established or disproved with minimal pretrial questioning.

Gibson v. Castillo: Index No. 154827/2021, 2022 NY Slip Op 32712(U), NYLJ No. 1661237328 (Sup. Ct. NY; 8/23/22; Cohen, J)

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