Prospective Tenant Didn't Prove Discrimination Based on Race

Prospective tenant complained to the State Division of Human Rights (DHR) that landlord didn't rent a townhouse to her because she was black. The DHR ruled for tenant, and landlord appealed. Landlord had listed the townhouse with a broker for sale or rent. Landlord never met tenant and never even knew she'd made an offer to rent. Landlord had removed the apartment from the rental market after tenant made her offer because it had a potential buyer. But that deal later fell through. When tenant found out that the townhouse wasn't sold, she assumed it was discrimination. The court ruled for landlord. No employee of landlord ever met tenant or knew what her race was. And there was no proof that landlord considered renting to someone else instead of tenant. Landlord wanted to rent the townhouse only if it couldn't be sold.

State Division of Human Rights v. RHS Mgmt. Corp.: 707 NYS2d 123 (App. Div.2 Dept. 2000; O'Brien, JP, Sullivan, Goldstein, Miller, JJ)