Tenants Didn't Violate Settlement Regarding Occupancy by Taking in Foster Child

Landlord sued to evict tenants for unauthorized subletting. Landlord and tenants signed a court-ordered settlement agreement that put tenants on probation for six years. Tenants agreed not to use the apartment for short-term rentals or to harbor any subtenants or roommates other than immediate family members, including any children they may someday have. Later, landlord claimed that tenants breached the agreement. The court ruled against landlord after a hearing. Tenants now had a foster child, placed in the apartment by an agency. Failure to treat her as tenants' child would violate the Fair Housing Act, which made it unlawful to discriminate against any person in renting a dwelling unit due to familial status. Tenants didn't violate the agreement, which permitted them to have their own children in the apartment.

659 Ocean Realty, LLC v. Tuckett: Index No. L&T78649/14, NYLJ No. 1202793231551 (Civ. Ct. NY; 7/6/17; Stanley, J)