Adam Leitman Bailey Teaches Agents the Fair Housing and Americans with Disabilities Acts

Human Rights and Fair
Housing
ADAM LEITMAN BAILEY, P.C.
New York Real Estate Attorneys

Overview
• A Matter of Place created by Fair Housing Justice Center
• Brokers responsibility to uphold Fair Housing Policy
• Testers
• Federal Fair Housing Laws
• NYS Fair Housing Laws
• NYC Fair Housing Laws
• Types of discrimination
• Legal responsibility

Broker’s Responsibility to
Uphold Fair Housing Policy
• Equal Service
o Greet people, obtain listings, hold open houses, keep records and follow up that
are the same in treatment for all people
o Housing needs and wants should be emphasized and limited to the price, size,
special features and location of a property
• Record keeping
o Housing choices should be written down and kept by the agent
• Know fair hosing laws
o Regularly engage in fair housing training, the NYS Division of Human Rights,
state and local boards, and proprietary schools

Brokers responsibility to
uphold Fair Housing Policy
The Fair Housing Act forbids racial discrimination in respect to the sale or rental of a
dwelling. 82 Stat. 81, 42 U. S. C. §§ 3604(b), 3605(a).
• US Supreme Meyer v. Holley 537 US 280 Court (January, 2003) held individual
broker-owners ARE NOT personally liable for the acts of agents who commit fair
housing law violations.
• the Act imposes liability without fault upon the employer in accordance with
traditional agency principles, i. e., it normally imposes vicarious liability upon the
corporation but not upon its officers or owners
• Office procedures – NAR recommends agents sign a policy statement committed to equal opportunity
• Firm should designate a fair housing officer
• Office procedures should outline initial contact including discussing the services offered, assigning agents to
customers, and obtaining initial customer information
• Fair housing poster- amendment to the Fair Hosing Act of 1968 requires all offices to display prominently
• The person who holds a brokers license needs to:
o supervise salespersons,
o provide fair housing training, and
o take appropriate steps to insure compliance

Testers
• Who are they?
o Volunteers or employees of federal, state agencies, private civil rights groups
o Typically white and black couples visit real estate offices posing as prospective home
seekers.
• What do they do?
o Help to enforce the law
o Their purpose: to check real estate brokerage offices to see if race influences
information or services offered by licensees.
• Investigation by testers recognized by US Supreme Court and
Department of Justice (DOJ)
• Civil Rights Division established the Fair Housing Testing –
individuals pose as prospective buyers or renters of real
estate for the purpose of gathering information

Federal
Fair Housing Laws

Federal Anti-
Discrimination Laws
1974 Housing and
Community
Development Act
• Bans
discrimination
from federal
assistance
(HUD's
Community
Development
and Block
Grant)
• Race, color,
national origin.
Religion or sex.
Civil Rights Act off
1866
• Entitled to be
citizens, without
regard to race,
color,
• Right to make
and enforce
contracts, sue
and be sued,
give evidence in
court, and
inherit,
purchase,
lease, sell, hold,
and convey real
and personal
property
1988 Fair
Housing Act
Amendments
• Adds
protected
classes
under the
FHA
• Disability
and familial
status
• Procedures
to enforce
laws
• Attorney
Fees
• Age
Fair Housing Act 1968
• Equal housing
• Bans
discrimination in
the sale, rental,
and financing of
dwellings
• Race, color,
national origin,
religion, gender
• (later
expanded)

Separate but Equal is
NOT Equal
o Jones v. Alfred H. Mayer Company
• US Supreme Court applied the Civil Rights Act of
1866 to prohibits any racially based discrimination in
housing
o Supreme Court decisions
• Plessy vs. Ferguson (163 U.S. 537) – separate but
equal acceptable
• Buchanan vs. Warley (245 U.S. 60) – city ordinances
that denied minorities the right to occupy houses in
certain zoned areas unconstitutional
• Brown vs. Board of Education – reversed Plessy vs.
Ferguson; separate but equal is not equal

The Fair Housing Act
• Both the Fair Housing Act and section 1982 of the Civil Rights
Act of 1866 allow actual and punitive damages.
o Although there are no statutory limits on the amount of damages awarded under
section 1982, the Fair Housing Act may impose limits, depending on the forum in
which the complaint is raised.
o There are no limitations on the amount of damages in judicial proceedings under the
Fair Housing Act; however, the size of awards will be capped if the complaint is
handled by an administrative law judge.
o When a complaint is filed with HUD and the department’s attempts at conciliation fail,
HUD may issue a formal charge and the dispute will be presented to an administrative
law judge, unless one of the disputants elects to go to court.
o If the charge is sustained, the administrative law judge may award actual damages
and assess a civil penalty of up to $11,000 for the first discriminatory practice, up to
$27,500 if the respondent has committed another violation within the previous five
years, or up to $55,000 if the respondent committed two or more violations within the
previous seven years.

Cases and Settlement
NY Community to Pay $92K to Settle Discrimination Claims
• The owner and manager of a 22-unit apartment complex in Westchester
County, N.Y., have agreed to pay $92,000 to settle a lawsuit accusing them of housing
discrimination against African Americans, according to an announcement by Preet Bharara, the United States Attorney for
the Southern District of New York.
• The complaint accused the owner and manager of engaging in racially discriminatory
housing practices, including failing to inform African-American prospective tenants about available units, while telling
Caucasian prospects that units were in fact available. The complaint also alleged that they failed to show available units and
give rental applications to African-American prospects, but showed available units and gave rental applications to Caucasian
prospects. In addition, they allegedly quoted higher rent prices and less favorable security deposit terms to African-American
prospects than those offered to similarly situated Caucasian prospects.
• Under the settlement, the owner and manager agreed to pay $60,000 into a victim compensation fund and a $32,000 civil
penalty to the government. The settlement also requires them to implement a nondiscrimination policy and nondiscriminatory
standards and procedures at the community.
• Manhattan U.S. Attorney Preet Bharara said: “Nobody should be deprived of housing opportunities based on his or her race
or color. This case should be a wake-up call to any landlord or building owner who discriminates. Racial discrimination in
housing is not only antithetical to the principles of fairness and equality, it is against the law.”
• Source: U.S. Attorney’s Office, Southern District of New York

NYC Developer Accused of Inaccessible Design & Construction
• Federal officials recently filed suit against a major real estate developer based in New York
City for allegedly developing rental apartment buildings that are
inaccessible to persons with disabilities.
• According to the complaint, the developer, along with its affiliates and architects, designed and constructed a 595-unit
apartment building in Manhattan in violation of the design and
construction provisions of federal fair housing law. Among other things, the
inaccessible conditions allegedly include excessively high thresholds that interfere with accessible routes in the common areas and within
individual units, kitchens that lack sufficient width for maneuvering by people in wheelchairs, electrical outlets and mailboxes that are not
fully usable by people in wheelchairs, and bathrooms that lack sufficient clear floor space for people in wheelchairs to maneuver.
• The lawsuit accused the developer of engaging in a pattern and practice of developing its rental properties without regard to their
accessibility to people with disabilities. In addition to damages and penalties, the complaint asked for a court order to prevent similar
inaccessible design features from being repeated at multifamily housing projects currently under development, including two rental
complexes in Manhattan. The complaint also asked for a court order requiring the developer to retrofit the inaccessible conditions at all
the rental properties it has developed to make them accessible.
• “This is now the eighth lawsuit we have filed in recent years to address the failure of real estate developers in New York City to comply
with the law. Today’s lawsuit demonstrates our continued commitment to ensuring that the long-established federal laws that protect the
rights of people with disabilities to accessible housing are enforced. Developers and architects who show an unwillingness to design and
construct housing that complies with the law can no longer seek to evade the consequences of their actions,” Manhattan U.S. Attorney
Preet Bharara said in a statement.
• Source: Office of U.S. Attorney for the Southern District of New York

N.Y. Community Pays $165K to Settle Race Discrimination Claims
• The owner and property manager of a rental community on Long Island,
N.Y., recently agreed to pay $165,000 to settle a fair housing case
alleging racial discrimination, according to an announcement by ERASE Racism,
a New-York based fair housing advocacy group.
• The case stemmed from a fair housing investigation in which testers were sent to the 75-unit building on
several occasions. Allegedly, the testing revealed significant discrepancies between the welcoming
responses received by white testers and discriminatory actions against African-American testers who
inquired about one-bedroom apartments for rent. The lawsuit accused the community of violating fair
housing law by representing that housing was not available for inspection or rent when in fact it was
available; discriminating in the terms and conditions of rentals by quoting higher rents; and making
rentals unavailable because of the prospect’s race or color.
• As part of the settlement, the owner agreed to adopt and implement nondiscrimination policies to prevent
future fair housing law violations. These policies include fair housing training, recordkeeping
requirements, and compliance monitoring.
• “We brought this case because we had compelling evidence of racial discrimination and African
Americans cannot be denied housing choice based on race,” Elaine Gross, president of ERASE Racism,
said in a statement. “While many people would like to believe that this type of housing discrimination is
no longer an issue, it is a shame that the burden falls on a small number of concerned organizations, like
ERASE Racism, to document the discrimination and use the courts to stop it.”
• Source: ERASE Racism

The Federal Fair Housing
Act of 1968
• Fair Housing Act of 1968 lacked teeth for enforcement; Congress passed amendments for enforcement
in 1988.
Expanded Protected Class: Disability and Familial Status
• Mental or physical disability – landlords must allow people with disability to make reasonable
modifications to dwelling
o Tenants expense
o End of tenancy, tenant must return premises to original condition at own expense
o New York Law provides for similar housing modification for disabled (sometimes at the owner’s
expense)
• New multi-family construction occupied within 2 years of the date of 1988 amendments must provide
certain accommodations for disabled; examples:
o Switches and thermostats at level that can be operated from wheelchair
• New York law also provides that multi-family dwellings allow accessibility for persons with disabilities
o Doors which allow passage into and throughout premises must be wide enough to allow wheelchair
o Familial status – adult with Children under 18, person who is pregnant, one who has legal custody
of child
o Elderly housing – if units occupied by individuals age 62 or older, or 80% of units have persons age
55 or older – facility exempt

The Americans with
Disabilities Act
• Protects rights of individuals with disabilities
• Cannot be denied access to public transportation,
commercial facility, or public accommodation
1992
• New Construction
o Must meet the accessibility standards
o Must remove architectural barrier if doing so is “readily achievable – easily
accomplishable; carried out without much difficulty or expense
• Enforced by US Attorney General
o Injunction against operation of business, fine of up to $50,000 for fist offense,
fine of $100,000 for subsequent offenses
• Individuals with AIDS, alcoholism, or mental illness
covered

Persons with Disabilities
• Reasonable Accommodation for Housing:
• The Law protects the rights of people with disabilities by
requiring landlords, coops, and condominiums to make a
reasonable accommodation for disabled tenants,
shareholders, or owners.
• A reasonable accommodation can be structural such as a
ramp at the building entrance to provide wheelchair access or
installing grab bars in a bathroom.
• A reasonable accommodation can also involve a policy
change such as permitting a tenant who is blind or has a
psychological disability to have a guide dog or companion
animal, despite a building’s ‘no pets’ policy.
• The Law also requires the landlord to pay for an
accommodation if it is deemed reasonable – that is
architecturally and financially feasible.

Nation's Largest Cooperative Settles Suit Over Its Assistance Animal Policy
• The Justice Department and HUD recently announced a settlement in a civil rights lawsuit against the largest affordable
housing cooperative in the United States, alleging disability discrimination against people who require service or assistance
animals. The community is located in the Bronx, N.Y., with approximately 15,372 residential units and 60,000 residents.
• The lawsuit accused the community of enforcing an overly burdensome and intrusive policy governing waivers to its no-pets
rule, which has deterred and prevented persons with disabilities from obtaining reasonable accommodations, in violation of
the federal fair housing law.
• Specifically, the complaint alleged that until its policies were changed in late 2011, the community’s application for
requesting a reasonable accommodation to its no-pets rule consisted of five forms (including one required to be completed
only in blue ink and another required to be typewritten), prohibited certain breeds of dogs, required animals to be neutered or
spayed, imposed annual renewal requirements, and required the applicant to provide his or her medical records. Allegedly,
the community amended the policies twice since then, but left many of those provisions in place, including a prohibition
against certain breeds of animals, a prohibition that the community could waive based only on an applicant’s “medical need”
for that particular breed.
• Under the settlement, the community agreed to change its reasonable accommodation policy regarding assistance animals.
The community will also pay a civil penalty of up to $50,000, and dedicate as much as $600,000 to compensate people who
have been harmed by inadequate accessibility at the community.
• “Assistance animals provide vital support and therapeutic benefits for persons with disabilities,” Principal Deputy Assistant
Attorney General Vanita Gupta of the Civil Rights Division said in a statement. “This significant settlement underscores the
department’s commitment to ensuring that housing providers make reasonable accommodations for individuals who rely on
assistance animals to use and enjoy their homes.”
• Source: Justice Department

NYC Complex Accused of Denying Disabled Resident Emotional Support Animal
• HUD recently accused the owners and managers of a high-rise complex in New York City with violating fair housing law by
refusing to allow a resident with disabilities to have an emotional support animal. Federal fair housing law requires housing
providers to make reasonable accommodations in policies or practices when a person with a disability requires such
accommodations, including granting waivers to “no-pet” policies for persons who require assistance or support animals,
according to HUD.
• The case began with a HUD complaint filed by the resident, who shared a two-bedroom unit at the supportive housing
residence for senior citizens, working professionals, and persons living with HIV/AIDS. The resident said he got the small
dog a year after beginning treatment with a mental healthcare provider for a psychiatric disability. Allegedly, the doctor
recognized an improvement in the resident’s condition and recommended that he register the animal as an emotional
support animal through an online registry.
• After the landlords initiated eviction proceedings against him because of the dog, the resident said he submitted
documentation from his doctor and the online registry to show that the dog was an emotional support animal. Instead of
accepting the documentation, the landlords allegedly sent him a final termination notice, stating that he had not sufficiently
demonstrated his need for the animal. Legal proceedings between the resident and the landlords were put on hold pending
HUD’s investigation.
• “It’s not a landlord’s role to determine what a resident with disabilities needs in order to perform life’s daily functions,” HUD
Assistant Secretary for Fair Housing and Equal Opportunity Gustavo Velasquez said in a statement. “Landlords have an
obligation to grant reasonable accommodations when they are needed and HUD will continue to work to ensure that they
meet that obligation.”
• The charge will be heard by a HUD administrative law judge unless any party to the charge elects to have the case heard in
federal district court.

Brooklyn co-op charged with discriminating against disabled veteran
• HUD accuses Trump Village IV of denying use of emotional support dog
• HUD recently charged a Coney Island cooperative community with discrimination against a veteran with a psychiatric disability for
refusing to let him keep an emotional support animal.
• HUD charged the 1,144-unit community, along with the president of its board of directors, with wrongfully denying the veteran’s request for a reasonable accommodation and taking steps to evict
him and his wife in retaliation for filing a fair housing complaint.
• Federal fair housing law makes it unlawful to refuse to make reasonable accommodations in policies or practices when a person with a disability requires such an accommodation, including
refusing to grant waivers to “no-pet” policies for persons who use assistance or support animals.
• Despite the community’s no-pets policy, the veteran, who served in combat in
Afghanistan and Kosovo, said he got a dog, a Shi Tzu named Mickey, as an
emotional support animal at the recommendation of his physician. Allegedly, the community refused his request
for a reasonable accommodation and pursued eviction proceedings, even though he provided medical documentation verifying his condition and need for the dog. The couple also accused
the community of retaliating against them for filing their complaint by
freezing their place on the wait list for parking in the development’s
main parking lot and removing the wife from the co-op’s board of
directors.
• HUD's charge will be heard by a U.S. Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court.
• “For many people with disabilities, support animals are essential to their ability to perform everyday activities that others take for granted,” Gustavo Velasquez, HUD Assistant Secretary for Fair
Housing and Equal Opportunity, said in a statement. “The Fair Housing Act requires housing providers to grant reasonable accommodations, and HUD is committed to taking action if they fail to
meet that obligation.”
• Source: HUD

Federal Exemptions to
Fair Housing Act
• Owner in sale or rental of no more than three single family dwellings at any one time
o If owner not living in dwelling at time of transaction or not last occupant – limited to only one exemption in 24-month period
• Owner of apartment building up to four unit exempt in rental if owner occupies one of units
• Properties owned and operated by religious organizations for benefits of their membership;
noncommercial purposes
• Private club to provide lodging for benefit of membership; non commercial purposes (i.e.—Yale Club,
NYAC)
• Non exemptions if any of following occurred:
o Discriminatory advertising
o Services of real estate licensee or person in business of selling or
renting
• Within preceding 12 months, participated in 3 or more
transactions; participated as agent in 2 or more families

Enforcement
• Enforcement and penalties
o Administrative procedure through Office of Equal Opportunity of HUD
o Secretary of HUD will investigate and attempt conciliation agreement between
the parties
o The case may be referred to an ALJ for a hearing
• ALJ may impose civil penalty up to $11,000 first offense, $27,500 if another
violation within 5 years, and $55,000 if two or more violations occur in seven
years.
o Aggrieved party may bring civil suit in Federal District Court 2 years after
occurrence or breach of conciliation agreement
o If aggrieved party wins suit, no limitation on damages; injunction may be issued
o US Attorney General may file civil suit

Legal Responsibilities

Unlawful Practices
• Based on an individual’s membership in a protected class
include:
o Refusing to sell, rent, or lease housing
o Misrepresenting the availability of housing
o Setting different terms, conditions, or privileges for the sale, rental, or lease of housing
o Providing different housing services or facilities
o Posting discriminatory advertising or marketing that indicates a preference, limitation,
or discrimination based on a protected class (e.g., ‘no children’ or ‘married couples
only’)
o Refusing to provide a reasonable accommodation for a person with a disability
o Steering a potential homebuyer or renter to, or away from, an area on the basis of
race or national origin
o Pressuring, for profit, homeowners to sell by exploiting ethnic, racial, or other
demographic changes (blockbusting)
o Threatening, coercing, or intimidating individuals because they exercise their fair
housing rights or assist others in doing so

Legal responsibilities
• Real estate professionals in positions to take lead to
ensure equal opportunity and fair housing
• Emotional results of discrimination in housing
• Laws alone not enough

Filing a Complaint
• Where to Go
o If you believe you have been the victim of discrimination in the City of New York, you may file a complaint with the Law
Enforcement Bureau of the NYC Commission on Human Rights, located at 40 Rector Street, 10th Floor, in lower
Manhattan. Commission services are free of charge.
o You cannot file a complaint with the NYC commission on Human Rights if you have already filed the same complaint
with the NYS Division of Human Rights, the Equal Employment Opportunity Commission, or in any court.
• Time Limit
o The NYC Human Rights Law requires that the complaint be filed within one year of the last alleged act of
discrimination.
• Appointment
o To schedule an appointment, please call 311 (or (212) NEW-YORK) or (212) 306-7450, although walk-ins are
accepted. If you are unable to travel to the Commission’s offices, we will make alternative arrangements.
o When you visit the Commission, you will meet with a staff attorney to discuss the allegations of discrimination.
• What to Bring
o To expedite the interview process, please bring all relevant information covered in the complaint with you such as
names, addresses, and phone numbers of the people or organizations you are charging and the exact dates of the
events.
o Photo identification

Reporting Fair Housing
Misconduct
• Immediately report discriminatory behavior or
conversations to broker
• Licensee should not agree to represent individuals who
refuse to comply
• Illegal discriminatory behavior reported to either NY
division of human rights or in NYC, NYC Commission on
Human Rights.

HUD’s Housing
Complaint Process
• Fair housing complaints with HUD can be filed by any entity,
including individuals and community groups. It is free to file a
complaint.
• File the complaint via phone, mail or over the internet.
• After HUD receives the complaint, an intake specialist will
contact the complainant and collect more facts about the
alleged discrimination.
o If the complaint is accepted, a formal complaint is drafted which must be signed by the
complainant and returned to HUD.
• The parties can agree to conciliation or HUD can make a determination.
o If it is determined reasonable cause to believe discrimination has occurred,
an ALJ will hear the case. If ALJ finds housing discrimination has occurred
or was about to occur, ALJ can award a max penalty of $16,000, per
violation, for a first offense, in addition to actual damages to the
complainant, injunctive or other relief and attorney’s fees.

NYS Laws- NY Human Rights Law,
Article 15 of Executive Law
o Complaint must be filed with NYS Division of Human Rights within one year
o Individuals may bring action in NY Supreme Court within 3 years of alleged
discriminatory act
o NY Attorney General or Division of Human Rights may also file complaint
o Division of Human Rights
• Investigate complaint and if not dismissed, hearing will be held 270 days after
complaint filed
o Dispute may first submit to voluntary arbitration; cost paid by parties
o If found guilty, guilty party ordered to cease and desist
o Order issued requiring guilty party initiate affirmative action to undo wrongdoing
• A compensatory damages may be awarded
o In housing discrimination only, punitive damages, not exceeding $10,000, may be
awarded
o New York may also require repayment to state of profits obtained because of
discriminatory activity
o If respondent still committing discriminatory acts, Division may obtain a restraining
order
o Division, within one year, investigates to see if respondent in compliance term of
agreement

NYS Fair Housing Laws

NYS - NY Human Rights Law,
• Broader scope than federal
o New York has 4 more protected classes: age (person 18 years or older); marital
status; sexual orientation and military status.
o Prohibits discriminatory practices; other areas besides housing (extends to
employment etc.
o Prohibits discrimination with respect to sale, lease of real estate based on
Race, creed, color, natural origin sexual orientation, military status, gender,
disability, familial status.
Prohibits Real Estate Brokers and Salespersons from:
• Circulating any statement which expresses directly or indirectly any limitation
or specification as to one of the protected classes.
• Representing directly or indirectly that a change has occurred or will occur with
respect to the demographics of a neighborhood (protected classes) for the
purpose of inducing a real estate transaction
.

NYS - NY Human Rights Law,
o Prohibits discrimination to obtain credit for “purchase, acquisition, construction,
rehabilitation, repair or maintenance” of housing, land, commercial space
o Prohibits discrimination in granting, withholding, extending, renewing credit, fixing
credit rates
• Unlawful to use application form which inquires about discriminatory
information.
Enforcement – Complaint filed with Division within 1 year of occurrence
• Conciliation agreement or referred to ALJ
• Actual damages, punitive damage 10K, fine 50K to pay state
Prohibited Discrimination: Salesperson representing directly or indirectly that a
change has occurred or will occur with respect to the demographics of a
neighborhood for the purpose of inducing a real estate transaction.

NYS Real Property Law
and DOS Regulations
• Prohibits evicting a tenant if tenant becomes pregnant or
has child while occupying premises
• Prohibits landlords from refusing rental to families with
children
• Covers mobile home parks
• DOS may investigate complaints
o Suspend or revoke license charging incompetency and untrustworthiness –
provisions of Article 12-A of RPL
o Can issue non-solicitation order – prohibits licensees from soliciting listings in
specific areas of the state
o Secretary of State can declare cease and desist zones if determined that owners
in area have been subject to intense solicitations
o After zone established, owners can have DOS place them on cease list

NYS Exemptions- NY Human
Rights Law
• Exemptions – less than federal law and more restrictive
o Rental of duplex, if owner or member of owner’s family live in one of housing
accommodations
o Where restriction of rental or all rooms in housing accommodation to individuals
of same gender
o Rental of rooms in single family house, if rental by occupant or owner
o If exclusively to persons 55 years of age or older
o Public housing which addresses special needs of particular age group
o Unlike federal law, no exemptions for sale or rental of single family housing
o Exemptions only exist for rental of a two-family (duplex) owner occupied
dwelling; federal law permits exemptions for up to four family owner occupied
units
o Licensees may not participate in exemption except restriction exclusively to
persons 55 or older

NYC Fair Housing Laws

NYC Commission on
Human Rights
• The NYC Commission on Human Rights promotes equal opportunity
and prohibiting discriminatory practices that unfairly limit the housing
choices of protected groups, or individuals.
• Applies to:
o Apartment building or multiple family dwelling
o Co-op
o Condominium
o Government-assisted housing
o Residential hotel
o Commercial and Land
• Exceptions:
o Two-family house/ owner or a member of the owner’s family resides in that house and the available housing
accommodation was not advertised.
o You rent a room or rooms in non-government assisted housing where the owner resides.
o Dormitories
o Public Assistance accommodations

NYC Commission on
Human Rights
• Covers residents living in five boroughs
• Three additional protected groups:
o Alienage or citizenship status
o Lawful occupation
o Lawful source of income
• Alienage or citizenship status – citizenship or
immigration status of person who is citizen or national of
US
To refuse to sell rent or lease
Discriminatory Advertisement

NYC Commission on
Human Rights
To declare any statement or inquiry which expresses directly or indirectly any specification
as to race, creed, color national origin, gender, age, disability, sexual orientation, marital status,
partnership status, alienage, citizenship status, any lawful source of income, and familial status.
To induce or attempt to induce any a person to sell or rent any housing by representations
(explicit or implicit) regarding the entry into the neighborhood of persons in a protected class.
Enforcement
• Complaint must be filed with Commission within 1 year with Division of Human Rights
• Commission can propose mediation and conciliation to resolve
• Commission shall refer to an ALJ for a hearing if probable cause to believe discrimination
occurred.
• Civil penalties of up to $250,000 may be imposed – paid into general fund of the city
• ALJ can award compensatory damages and order to cease discrimination

Types of Discrimination

• May not refuse housing to protected groups based
discrimination
• Illegal acts are as follows:
o Telling buyer house has been sold when it has not
o Refusing to accept offer to purchase because offeror is member of certain
religion
o Telling rental applicant apartment not available because of gender of applicant
o Refusing to rent to person confined to wheelchair or make modifications (at
tenant’s expense)
o Refusing to rent to family with children

• Blockbusting illegal – occurs when licensees induce
owners to sell or rent property by telling them persons
included in protected classes moving into area
o Also occurs when licensees sell properties to protected classes with intent to
cause property owners to panic and sell at reduced prices
o Blockbusting prohibited by NY Real Property and Human Rights Laws

• Steering
o licensees direct prospective minority purchasers to integrated areas to avoid integration of
nonintegrated areas
• Discriminatory advertising
o Illegal to make, print, publish, concerning sale or rental of dwelling which discriminates
against protected groups
• Financing of housing
o Redlining
• - refusing to make loans to purchase, construct, repair dwelling based on discrimination
of protected class
• Denies loan financial assistance
• Discrimination in fixing terms of loan, including interest rates, duration of loan
• Filtering down – properties decline in value, if lenders refuse to make loans to lower
income purchasers, communities deteriorate.
Fair lending law:
Equal Credit Opportunity Act prohibits creditors from discriminating against credit
applicants on the basis of race, color, religion, national origin, sex, marital status, age, or
source of income.
• Deny membership to MLS or real estate board

Settlement Curbs Alleged Harassment of Immigrant Tenants in NYC
• New York Governor Andrew M. Cuomo recently announced a major settlement agreement to resolve allegations of
harassment and intimidation of mainly Spanish-speaking immigrant residents in nearly 1,800 units in 49 buildings in New
York City.
• Complaints against the landlord led to an investigation by the New York State Tenant Protection Unit (TPU), which enforces
state laws protecting residents in nearly one-million rent-regulated units. Among other things, the landlord was accused of
violating state law by requesting that residents provide documents proving income or Social Security numbers to determine
citizenship status.
• In some cases, residents claimed that the owner’s staff threatened them by saying that they could face eviction because of
their immigration status or failure to prove adequate income. Residents also said they were pressured to accept inadequate
buyouts to leave their rent-regulated homes and to waive their rights through English-only settlement documents—even
though they couldn’t read English.
• As part of the settlement, the company agreed to:
• Establish a $100,000 fund to compensate tenants who may have been subject to wrongful conduct;
• Allow residents who may have been improperly removed or forced to vacate their homes to move back to a similar
apartment;
• Hire a monitor to ensure compliance with the settlement for up to three years;
• Provide all future communication and documents directed to residents in both English and Spanish; and
• Adopt written policies and procedures, and require employee training, to prevent future violations of local, state, and federal
fair housing and antidiscrimination laws.
• "When my administration created the TPU almost two years ago, we made it clear that we would hold landlords who harass
and bully tenants accountable," Cuomo said in a statement. "All New Yorkers deserve to be treated fairly, no matter where
they come from. This settlement serves as a reminder to landlords that there will be real consequences if they try to
intimidate their tenants based on their background, citizenship, or legal status.”
• Source: New York Governor’s Office

Woods-Drake v. Lundy
• In Woods-Drake v. Lundy, 667 F. 2d 1198 (5th Cir. 1982), the appellate court directed the district court to
determine an appropriate amount of punitive damages against a
landlord who evicted tenants because they entertained black
guests.
• The appellate court noted all the factors that weighed in favor of the imposition of punitive damages:
o the tenants had warned the landlord that his eviction attempt violated the Fair Housing Act, but the landlord disregarded their advice;
o the landlord expressed animus by using racial epithets; and
o he had a history of racial discrimination.
o The court concluded by ordering the district court to assess an amount of punitive damages against the landlord "sufficient to deter him from
continued violation of the civil rights laws."
• The underlying message in the assessment of damages is that discrimination cannot and should not pay.
• Just as equitable remedies seek to rectify discriminatory practices, damages compensate the victims of
the practices and punish those who choose to discriminate.
• Courts must vigorously enforce the prohibitions of the Fair Housing Act and the other antidiscrimination
statutes, and they cannot shy away from awarding fair and just damages to the victims of discrimination.
• A law is ultimately of no effect if it is not enforced, and there can be no doubt that the imposition of
appropriate damages, both compensatory and punitive, is a highly visible and compelling enforcement
mechanism of fair housing laws.

An Important Video on Real Estate Brokers
and Equal Rights
• https://www.youtube.com/watch?v=WkYfa5lX-nU

Adam Leitman Bailey Teaches Agents the Fair Housing and Americans with Disabilities Acts

Recommended

Recommended

More Related Content

Similar to Adam Leitman Bailey Teaches Agents the Fair Housing and Americans with Disabilities Acts

Similar to Adam Leitman Bailey Teaches Agents the Fair Housing and Americans with Disabilities Acts (20)

More from Adam Leitman Bailey, P.C.

More from Adam Leitman Bailey, P.C. (20)

Recently uploaded

Recently uploaded (20)

Adam Leitman Bailey Teaches Agents the Fair Housing and Americans with Disabilities Acts