Tenant Gets Attorney's Fees in Discrimination Case

Prospective tenant, a 45-year-old disabled man with AIDS, sued a real estate broker for housing discrimination after it refused to show him any apartments. Tenant had disclosed that he had a subsidy to help pay the rent. The Fair Housing Justice Center also sent testers to the broker, with similar results. After landlord refused to comply with pretrial questioning and disclosure of documents, tenant asked the court to limit the broker's defenses and award attorney's fees for the motion related to the broker's noncompliance. The court ruled for tenant. For purposes of this case, the court would presume that from July 1, 2010, through June 30, 2011, the broker's rental listing database included instructions from multiple landlords that the broker not assist clients with governmental housing subsidies in applying for or renting apartments on behalf of those landlords. The court also awarded tenant $23,000 in attorney's fees.

Short v. Manhattan Apartments, Inc.: No. 11 CV 5989, 2012 WL 4829615 (SDNY; 10/11/12; Wood, DJ)