Tenants Can't Drop Discrimination Case

February 5, 2008

LVT Number: #20175

Tenants sued landlords in federal court for discrimination under the Fair Housing Act of 1968. In response, landlords countersued for damages based on a breach of the lease. They also claimed that tenants' case was frivolous and brought in retaliation for a pending housing court proceeding. Landlords asked for attorney's fees. Tenants later asked the court for permission to withdraw their complaint. The court ruled against tenants. Landlords had already answered tenants' complaint.

Tenants sued landlords in federal court for discrimination under the Fair Housing Act of 1968. In response, landlords countersued for damages based on a breach of the lease. They also claimed that tenants' case was frivolous and brought in retaliation for a pending housing court proceeding. Landlords asked for attorney's fees. Tenants later asked the court for permission to withdraw their complaint. The court ruled against tenants. Landlords had already answered tenants' complaint. And, if tenants withdrew their claim, landlords would have no independent grounds to maintain their counterclaims for damages in federal court.

Wentworth v. Hedson: NYLJ, 1/22/08, p. 24, col. 1 (E.D.N.Y.; Reyes, MJ)

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