Prospective Tenant Awarded $10,000 in Damages

January 14, 2013

LVT Number: #24574

The New York State Division of Human Rights (DHR) determined that landlord had discriminated against prospective tenant after refusing a commercial space to him and voicing his concerns about the race of his existing residential tenants. The DHR ordered landlord to pay tenant $10,000 in damages. Landlord appealed and lost. Landlord's claimed concerns for applicant's intended use of the space was a pretext for racial discrimination. The DHR properly awarded tenant compensatory damages for mental anguish.

The New York State Division of Human Rights (DHR) determined that landlord had discriminated against prospective tenant after refusing a commercial space to him and voicing his concerns about the race of his existing residential tenants. The DHR ordered landlord to pay tenant $10,000 in damages. Landlord appealed and lost. Landlord's claimed concerns for applicant's intended use of the space was a pretext for racial discrimination. The DHR properly awarded tenant compensatory damages for mental anguish. Landlord's conduct reminded tenant of segregation he previously experienced in Alabama and caused him to resort to using his spouse and her business as a front through which to rent space. 

Noe v. Kirkland: 2012 NY Slip Op 09235, 2012 WL 6720981 (App. Div. 4 Dept.; 12/28/12; Smith, JP, Peradotto, Lindley, Valentino, Whalen, JJ)

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