Tenants Claiming Discrimination Can Proceed with Retaliation Claim

Apartment tenants sued landlord in 2021, claiming discrimination and retaliation based on race or sexual orientation in violation of the NY State Human Rights Law. Tenants were a gay male couple; one was Black, the other was Puerto Rican. In 2020, tenants installed a security camera that faced the rear of the building and alleyway, where they claimed thieves discarded packaging from packages stolen inside the building. Two building supers asked the tenants to remove the camera and, when they refused, one super said to the other, "you see what kind of people this is." Tenants interpreted this comment as a reference to their race and/or sexual orientation. The super claimed that he was referring to people who demanded an explanation for everything. Tenants also claimed that, following their complaint, they were harassed by individuals who gathered near their apartment windows and partied late at night. They also claimed that the supers repositioned the security camera to point directly into tenants' apartment. Landlord asked the court to dismiss tenants' complaint without trial. 

The court did so in part. The court dismissed tenants' claim of unlawful harassment because the conduct complained of consisted of nothing more than what a reasonable victim of discrimination would consider "petty slights or trivial inconvenience." But the court denied landlord's request to dismiss tenants' retaliation claim. Tenants engaged in protected activity by complaining about the supers' alleged discriminatory comment. Tenants also had issues with repairs and services, and the supers' comment took place after they had complained. It didn't matter that other tenants also had problems with obtaining services and repairs. A trial was needed to determine if there was liability based on tenants' retaliation claim.

Berrios v. Rose Associates, Inc.: Index No. 652417/2021 (Sup. Ct. NY; 12/19/24; Kraus, J)