Prospective Tenants' Housing Discrimination Claim Based on Familial Status Dismissed

Prospective tenants sued HPD and related landlords in federal court, claiming that landlord discriminated against them in connection with two affordable housing applications, in violation of the Fair Housing Act, the NY State Human Rights Law, and the NYC Human Rights Law. Tenants claimed discrimination based on familial status, specifically on being a family with children. HPD asked the court to dismiss the case. The court ruled for HPD. What tenants alleged was that landlord repeatedly invoked the size of their household as the basis for denying their housing applications. In addition, the court found that tenants failed to allege that applicants of the same household size as them, but without any minor children, were offered three-bedroom units in the housing lotteries. Tenants only broadly claimed that landlords' rejections of their applications based on the size of their family constituted unlawful discrimination and an irrational bias against families with multiple children.

Katz v. HPD: Index no. 1:21-cv-02933, NYLJ No. 1708534431 (SDNY; 2/16/24; Rochon, J)