Public Housing Landlord Can't Implement Preference for Working Families

February 1, 2002

LVT Number: 15562

Facts:Tenants sued landlord NYCHA, claiming racial discrimination in rental policies. Landlord signed a court agreement to desegregate the 20 housing projects in question. Landlord later sought to implement a working family preference in its housing policies. Tenants claimed that this was discriminatory. The court ruled for tenants, barring implementation of the working family preference in projects where more than 30 percent of the apartments were rented to white families. Landlord appealed. Courts: Tenants win. Landlord's working family preference did not aid in desegregation.

Facts:Tenants sued landlord NYCHA, claiming racial discrimination in rental policies. Landlord signed a court agreement to desegregate the 20 housing projects in question. Landlord later sought to implement a working family preference in its housing policies. Tenants claimed that this was discriminatory. The court ruled for tenants, barring implementation of the working family preference in projects where more than 30 percent of the apartments were rented to white families. Landlord appealed. Courts: Tenants win. Landlord's working family preference did not aid in desegregation. After a number of years in court, there had been no change. Landlord was barred from implementing this policy, except in a few buildings where it had no significant effect.

Davis v. NYCHA: NYLJ, 1/24/02, p. 25, col. 1 (U.S. Ct. App. 2d Cir.; Walker, J, Kearse, Pooler, JJ)

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