Tenant Can Sue Real Estate Agent for Housing Bias

January 10, 2012

LVT Number: #23819

Prospective tenant responded to a Craigslist ad for sale or rental of a four-bedroom house. Landlords met tenant at the house and asked her how many children she had. Tenant, who was African American, told them she had five children. They then told her that they were going to sell, not rent. Tenant sued landlords and their real estate agent, claiming discrimination in violation of the Fair Housing Act and New York Human Rights Law. The agent asked the court to dismiss the case against him. The court refused.

Prospective tenant responded to a Craigslist ad for sale or rental of a four-bedroom house. Landlords met tenant at the house and asked her how many children she had. Tenant, who was African American, told them she had five children. They then told her that they were going to sell, not rent. Tenant sued landlords and their real estate agent, claiming discrimination in violation of the Fair Housing Act and New York Human Rights Law. The agent asked the court to dismiss the case against him. The court refused. The agent was involved enough in the transaction that he might have knowingly acted on landlords' behalf in a discriminatory manner. Tenant could proceed with her case against both landlords and their agent.

Dixon v. Muchnik: Index No. 11-CV-30, NYLJ No. 120253646339 (WDNY; 12/15/11; Skretny, J)

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