Scott Mollen Housing Discrimination; Licensee Succession Holdover: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Katz v. New York City Housing Preservation and Development," where a housing discrimination case was dismissed, and "Diversified Equities LLC v. Swint," based on a licensee holdover proceeding,
April 16, 2024 at 01:38 PM
15 minute read
Housing Discrimination Claim Dismissed—Large Orthodox Jewish Family—Claims Based On NYS and NYC Human Rights Laws, Federal Fair Housing Act and First Amendment of the US Constitution Rejected—Plaintiffs Claimed That Their Orthodox Jewish Religious Beliefs Required That They Have "Many Children"—Two People Per Bedroom Limit—Family Size Distinguished From Familial Status—Disparate Treatment—Disparate Impact—Familial Status—Law of the Case
The plaintiffs had sued the NYC Department of Housing Preservation and Development (HPD), the NYC Housing Development Corporation (HDC), an owner/developer (landlord), a manager and a real estate broker. They alleged that the defendants discriminated against them "in connection with two affordable-housing applications." They asserted claims under the federal Fair Housing Act (FHA), the NYS and NYC Human Rights Laws (NYSHRL and NYCHRL). The defendants moved to dismiss an amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The court granted the defendants' motions to dismiss.
The plaintiffs were a "married couple whose families have a long history of living on the Lower East Side of Manhattan." During the subject time period, they had five children. They now have six children. HPD and HDC operate NYC Housing Connect (Housing Connect), an "online lottery system through which people may apply for affordable housing in New York City."
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