Tenant’s Complaint Dismissed for Failure to Properly State a Claim

Tenant sued landlord and mental health agency Transitional Services of New York Supportive Housing Program (TSI), which supervised a federally funded housing assistance program in landlord’s building, for discrimination and civil rights violations. Tenant claimed that landlord failed to provide adequate heat or proper fire exit access, and refused to make needed repairs despite tenant’s repeated requests to landlord, TSI, and NYC agencies. Tenant also claimed that landlord’s use of racial slurs and discriminatory remarks caused excess stress that made his mental conditions worse. The court ruled against tenant and dismissed the case because tenant failed to state claims for discrimination under 42 USC Section 1983, the Federal Housing Act (FHA) or the Americans with Disabilities Act (ADA). Also, tenant’s residence wasn't a public accommodation, and landlord and TSI weren’t public entities. Tenant could file an amended complaint within 30 days if he was able to properly set forth facts that would support his discrimination claim.

Spavone v. Transitional Services of NY Supportive Housing Program: 16-CV-1219, NYLJ No. 1202757938638 (EDNY; 5/12/16; Brodie, DJ)