Tenant Claims Landlord Didn't Give Disabled Son Reasonable Accommodation

Tenants, a mother and son, complained to state Division of Human Rights (DHR) that landlord discriminated against them when it decided to start an eviction proceeding against them based on the son's lease violations. The DHR ruled against tenants, finding no probable cause for a discrimination finding. Tenants appealed. The mother was the incapacitated son's guardian. She had requested a reasonable accommodation letter after receiving the termination notice, so that she could seek services for her son. Landlord didn't respond and began the eviction case. The court ruled for tenants and sent the discrimination case back to the DHR for reconsideration. The DHR arbitrarily failed to analyze if landlord discriminated against tenants by refusing to engage in an interactive process and failing to offer a reasonable accommodation.

Valderrama v. New York State Division of Human Rights: Index No. 401640, NYLJ No. 1202519960377 (Sup. Ct. NY; 10/6/11; Mills, J)