State Division of Human Rights Improperly Dismissed Tenant's Complaint

May 13, 2014

LVT Number: #25478

Tenant filed a housing discrimination complaint with the State Division of Human Rights (DHR). DHR dismissed the complaint after an investigation, finding no probable cause to believe that landlord had engaged in the conduct complained about. DHR didn't state any reason for the dismissal except for "administrative convenience" and ruled that tenant could pursue the complaint with HUD. Tenant filed an Article 78 court appeal, claiming that DHR's decision was arbitrary and inconsistent with the agency's own rules. The court ruled against tenant, who appealed and won.

Tenant filed a housing discrimination complaint with the State Division of Human Rights (DHR). DHR dismissed the complaint after an investigation, finding no probable cause to believe that landlord had engaged in the conduct complained about. DHR didn't state any reason for the dismissal except for "administrative convenience" and ruled that tenant could pursue the complaint with HUD. Tenant filed an Article 78 court appeal, claiming that DHR's decision was arbitrary and inconsistent with the agency's own rules. The court ruled against tenant, who appealed and won. The appeals court found that it wouldn't serve the "interests of justice" to allow tenant to pursue his claim before another agency after DHR had previously accepted the complaint from HUD and performed an investigation. 

East River Housing Corporation v. New York State Division of Human Rights: 2014 NY Slip Op 02675, 2014 WL 1491745 (App. Div. 1 Dept.; 4/17/14; Friedman, JP, Sweeny, Andrias, Gische, Clark, JJ)

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