Tenant Claims Discrimination Based on National Origin

December 1, 2011

LVT Number: #23763

Tenant sued landlord for discrimination under the federal Fair Housing Act (FHA) and 42 USC Sections 1981 and 1982. Tenant, who is Dominican, claimed that his apartment lacked hot water and was infested with flies and roaches and that landlord failed to cure these conditions. Tenant claimed that landlord provided better services to tenants in other apartments at the building and to another building that was occupied by Ecuadorians. Landlord himself was of Ecuadorian descent. The court ruled against tenant and dismissed the case.

Tenant sued landlord for discrimination under the federal Fair Housing Act (FHA) and 42 USC Sections 1981 and 1982. Tenant, who is Dominican, claimed that his apartment lacked hot water and was infested with flies and roaches and that landlord failed to cure these conditions. Tenant claimed that landlord provided better services to tenants in other apartments at the building and to another building that was occupied by Ecuadorians. Landlord himself was of Ecuadorian descent. The court ruled against tenant and dismissed the case. Tenant failed to show any disparate impact under the FHA and provided no proof of any practice or policy resulting in racial discrimination.

Estrella v. Sucuzhanay: Index No. 10-CV-3650, NYLJ No. 1202521292509 (EDNY; 10/26/11; Garaufis, J)

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