Tenant Can't Sue NYCHA Over Accommodations in Scheduling Repairs
LVT Number: #31303
Tenant sued landlord NYCHA, seeking apartment repairs. In February 2019, the court ordered landlord to repair mold and plaster issues. Some scheduled repairs were missed in 2019 and, after tenant was diagnosed with asthma in May 2019, tenant amended her complaint and claimed that NYCHA violated the Fair Housing Act and federal regulations. NYCHA completed repairs in 2020, and asked the court to dismiss tenant's amended lawsuit. The court ruled for landlord. The amended complaint failed to allege a Fair Housing Act discrimination claim based on failure to provide reasonable accommodations. Tenant also failed to claim that NYCHA knew or had reason to know of tenant's asthma. And a private claim can't be based on 24 CFR 5.703(f) alone.
Mercer v. NYCHA: Index No. 19 Civ. 8842, NYLJ No. 1611757865 (SDNY; 1/22/21; Schofield, J)