Tenants Can Pursue Discrimination Claim

Tenants sued landlord’s agent in federal court for housing discrimination, claiming that the agent violated the Fair Housing Act by telling them that they may not get a lease renewal with a new landlord because their 11-year-old daughter had autism and epilepsy. Landlord was on the verge of selling the building when the agent sent tenants a letter saying that the new landlord was willing to continue renting to them but at an increased rent. In the course of later text messages in which the agent attempted to negotiate rental terms for new landlord, the agent stated that the new landlord was “very concerned” with the child’s medical situation and “will probably not want to rent to you.” The court ruled against tenants, finding no proof of disability and therefore no basis for a discrimination claim.

Tenants appealed, and the appeals court reopened the case. The court ruled, in a case of first impression, that obtaining housing was a “major life activity” that barred statements indicating discrimination based on a handicap. The law could be violated even if a person didn’t qualify as disabled under the Fair Housing Act.  

Rodriguez v. Village Green Realty: Index No. 12-4792-cv, NYLJ No. 1202729160307 (US Ct. App. 2d Cir.; 6/2/15; Livingston, Droney, C.J.J., D.J.)