In Matter of State Division of Human Rights v C* C* R*, Inc., the Appellate Division, First Department, upheld the authority of New York State’s anti-discrimination framework by granting enforcement of a Division of Human Rights (DHR) order which addressed a denial of access to housing based on disability and lawful income source.
The complainant disclosed his use of a Section 8 voucher and disability benefits. In response, the brokers indicated that their services were directed to “working people,” communicated reluctance from landlords to lease to tenants with housing vouchers, and—most tellingly—ceased communication altogether. These interactions established a prima facie case of discrimination, particularly since the brokers, having defaulted in the proceeding, offered no rebuttal.
The DHR’s order imposed $7,500 in emotional damages and an $8,000 civil penalty, both of which the court found to be proportionate and legally sound.
The AD1 also affirmed DHR’s mandate requiring respondent brokers to conduct fair housing training for their staff.
Training today, prevents law suits tomorrow?
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DECISION