Tenant's Discrimination Claim Dismissed

Section 8 tenant sued landlord, several of her neighbors, and a police officer claiming discrimination based on gender and disability in violation of laws including the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the Equal Protection Clause of the 14th Amendment, and the New York State and City Human Rights Laws. Tenant claimed that, because she didn't respond to her neighbors' sexual advances, they organized a harassment campaign against her. Tenant complained that landlord did nothing to stop this. Tenant had been diagnosed with post-traumatic stress disorder five years before she moved into the building in 2012.

The court dismissed the case without a trial. Tenant's claims against the neighbors and police officer didn't comprise sexual harassment and she didn't claim that any of them had control or authority over the terms or conditions of her apartment rental. Tenant also didn't claim that landlord harassed her or that any of the neighbors or the police officer acted as landlord's agents. As to the ADA, it was unclear whether tenant's private apartment building was a place of public accommodation. Ultimately, tenant stated no claim under applicable federal law. 

Cain v. Rambert: Docket No. 13-CV-5807, 2014 WL 2440596 (EDNY; 5/30/14; Brodie, DJ)