LIEB BLOG

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Showing posts with label housing discrimination. Show all posts
Showing posts with label housing discrimination. Show all posts

Thursday, November 30, 2023

Lieb at Law Represents Class Action Hearing Impair Tenants in Landmark NYC Disability Discrimination Case

In a significant development in a case that underscores the ongoing challenges faced by individuals with disabilities in accessing suitable housing, Lieb at Law is representing a hearing-impaired tenant in a discrimination lawsuit against the City of New York and other entities. The case, as reported by Law360, highlights crucial issues regarding the responsibilities of property owners and the rights of tenants with disabilities.

Background of the Case

Elewood Torres, the plaintiff, filed a class-action lawsuit in 2022, challenging the failure of his Lower Manhattan apartment building's owners to provide necessary services for tenants with hearing disabilities. Despite the building at 174-184 Forsyth St. being funded to provide accessible housing, critical safety improvements have been lacking.

Key Issues at Stake

The lawsuit points to the absence of essential features such as video cameras in elevators, smoke alarms with strobe lights and bed shakers, and security staff proficient in American Sign Language. These deficiencies not only violate the Americans With Disabilities Act, and the NYS / NYC Human Rights Laws, but also pose a significant risk to the safety and well-being of the residents.

The City's Position and Plaintiff's Response

The city contends that it no longer owns the property and that the ADA does not apply to private residential complexes. However, Torres disputes this claim, highlighting that the ownership of the building reverted to the city due to breaches in the sale agreements. This aspect is crucial in determining the applicability of the ADA and the city's responsibilities.

Lieb at Law's Stance

Representing Torres, Lieb at Law's Associate Attorney, Richard Hermer-Fried, emphasized the gravity of the situation: "To this day, defendants have not provided bed rockers to wake tenants in case of a fire. It's utterly egregious that nothing's been done to protect these individuals." The firm's commitment to advocating for the rights of individuals with disabilities is evident in its vigorous pursuit of this case.

What's Next in the Case

With a preliminary injunction requested by Torres to compel the defendants to install the necessary improvements, and the court ordering documentation of such improvements, the case is poised for critical developments. Lieb at Law remains steadfast in its pursuit of justice for Elewood Torres and other similarly situated tenants.




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Monday, November 06, 2023

NY's Bold Move: A Bill to End AI Discrimination in Housing

The New York State Legislature, in a groundbreaking move, has introduced a bill aimed at eliminating discrimination in housing-related AI systems. This initiative represents a significant step toward equitable technological progress and shines a light on a pervasive issue that affects countless individuals.


In a landmark move to safeguard equity and fairness in housing, New York State Senator Cleare has introduced Bill S7735, which aims to address potential discrimination through the use of automated decision-making tools in housing. The bill was read twice and is now committed to the Committee on Rules for further deliberation.


Background:
Automated decision tools, based on algorithms and artificial intelligence, are increasingly used by landlords and housing agencies to make decisions about who gets housing. While these tools can streamline processes, there is a growing concern that they may inadvertently discriminate against protected classes. Bill S7735 is set to provide a regulatory framework ensuring these tools are used responsibly and without discrimination.

Key Provisions of the Bill:
  • Definition and scope of automated decision tools.
  • Requirement for annual disparate impact analyses to assess potential discrimination.
  • Mandate for transparency and public reporting of the analyses.
  • Obligation for landlords to notify applicants when such tools are used.
  • Empowerment of the Attorney General and Commissioner to investigate and act upon violations.

Potential Impact:
This bill is a step forward in the use of technology in housing decisions, ensuring that while innovation continues to evolve, it does not come at the cost of fairness and discrimination-free practices.























Tuesday, August 01, 2023

The New York Times: My 55+ Community Is Discriminating Against Me. What Power Do I Have?

Attorney Andrew Lieb was featured in The New York Times, shedding light on a troubling discrimination case in a 55+ community. The homeowners association issued a rule permitting single owners to bring guests to the pool but restricting married couples to only bringing their spouses. Such unequal treatment may potentially fall under housing discrimination, protected by the New York State Human Rights Law. Read the article here: https://www.nytimes.com/2023/07/29/realestate/my-55-community-is-discriminating-against-me-what-power-do-i-have.html 



Thursday, December 29, 2022

Top 5 New Housing Discrimination Laws from 2022

  1. New Groups Protected from Discrimination in NYS: Anti-Discrimination on Citizenship / Immigration Status protected in NYS as of December 23, 2022, and Status as a Victims of Domestic Violence protected in NYS as of May 13, 2022.
  2. New Notice About Source of Income Discrimination Provided in NYS by Administrators: Public housing agencies (i.e., section 8 administrators) must provide recipients of Notice of Rights from Source of Income Discrimination as of August 17, 2022 (the form reminds us on its face that “cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.”)
  3. Internet Enforcement is in NYS: DOS launched the Internet Enforcement Unit on June 1, 2022, which focuses on websites complying with law, including the existence of the Fair Housing Statement, compliance with Standard Operating Procedure Rules, and compliance with Advertising Regulations (19 NYCRR 175.25) with a specific emphasis on the use of unlicensed aliases rather than licensed names in such advertisements.
  4. New Notice About Disability Discrimination Rights to be Provided by NYS Real Estate Licensees: Real estate licensees (brokers / salespersons) must provide Notice Disclosing Tenants’ Rights to Reasonable Accommodations for Persons with Disabilities at the first point of substantive contact and with a link to the law on the homepage of every website as of May 18, 2022.
  5. Implementation of Standard Operating Procedures Required in NYS: Standard Operating Procedures need to be adopted by brokerage firms and made publicly available on all licensees' websites and mobile device applications while also being available, on request, to the public at office locations, as of March 18, 2022.



Wednesday, December 28, 2022

Major Discrimination Update - NYS Human Rights Law Expanded to Prohibit Discrimination on Citizenship / Immigration Status

Citizenship Status and Immigration Status are now protected classes throughout the State of New York when it comes to discrimination in housing, public accommodations (commercial real estate), education, and employment.

Effective December 23, 2022, A6328A has amended the New York State Human Rights Law to protect a new group of New Yorkers, those who are subjected to different terms, conditions, and privileges based on their citizenship status and immigration status. It protects against discriminatory publications (i.e., advertising / statements). It protects from hostile environments. It is all encompassing to stop discrimination. 

According to the law, Citizenship or Immigration Status is defined to mean "the citizenship of any person or the immigration status of any person who is not a citizen of the United States."

Employers, landlords, and educational administrators may have a gut pushback to this law and wonder about issues it may cause for them if they are required to verify legal status as part of their business. Have no fear, the law permits verification and consequential adverse actions "where required by law." However, that does not mean that you can check status whenever you feel like it or believe the law requires it. Instead, it is incumbent upon any person who plans to verify status to first identify the legal basis for why status is required to be verified before doing anything. Otherwise, employers, landlords, and educational administrators should expect to be defending a lawsuit that can easily result in damages over six-figures.
 






Thursday, June 02, 2022

Pride Month: 5 Tips to Stop Sexual Orientation and Gender Identity Discrimination

While sexual orientation and gender identity aren't expressly set forth protected classes from discrimination on the federal level in the United States, Bostock v. Clayton County, Georgia is a Supreme Court case that makes sexual orientation and gender identity discrimination illegal. Plus, many states and local governments offer further protection and damages to victims of sexual orientation and gender identity discrimination. 

Here are 5 tips to stop this heinous discrimination and create equality in our society for all. 

  1. Don't Miss Deadlines: Federal discrimination lawsuits provide only 2 years from the wrongful act to bring a lawsuit. Some states extend this to 3 years. However, there are often much shorter timelines dependent on who the perpetrator is, so act immediately. To illustrate, employment discrimination generally requires a filing with the EEOC within 300 days. Plus, a collective bargaining agreement can limit the statute of limitations for union workers even further. Alternatively, if the government is the defendant, a notice may need to be filed within 3 months or less. So, act swiftly if you are a victim.
  2. Don't Forget the Past: Just because deadlines exist from the last act of discrimination, it's possible to leverage a law called the Continuing Violation Doctrine to reprise untimely acts of discrimination in a lawsuit. So, make sure that you bring every wrongful act that you have experienced to the table if you are a victim of discrimination. That is the only way it can be stopped.
  3. Discrimination is NOT Just Physical: If an environment is hostile and filled with harassment, that is enough to bring a lawsuit. In fact, states like New York lower the hostile environment standard from the federal rule of severe and pervasive to inferior terms and conditions so long as the harassment rises above petty slights and trivial inconveniences. If you feel harassed because of your orientation or gender identity speak up now.
  4. It Goes Beyond Your Actual Orientation and Gender Identity: Your actual sexual orientation and gender identity are clearly protected from discrimination, but did you know that you are protected from discrimination even if the perpetrator got it wrong. The law also protects your perceived orientation and identity, which is particularly important for orientation because orientation needn't be confirmed from consistent sexual acts to exist.  
  5. Retaliation is Illegal: Don't be afraid to speak up out of fear of reprisal. Simply, if you experience any negative retaliation whatsoever when you are fighting back against discrimination that you are experiencing, you can sue for that retaliation too. If retaliation happens at work, housing, education, places of public accommodation, or many other places, you can receive money damages for retaliation plus the court can order it stopped with your prior situation restored. 




 

Monday, May 23, 2022

Housing Discrimination FAQs

Is real estate discrimination illegal?

Yes. Discrimination in real estate is illegal throughout the United States. In some states, like New York, there are even greater protections, rights, and damages available to victims of housing discrimination. You are entitled to compensation whether you were discriminated against by a seller, landlord, tenant co-op, condo, HOA, lender, real estate broker, salesperson, or property manager.

 

Does real estate discrimination only apply to housing?

No. Real Estate discrimination laws apply to both housing and places of public accommodation. Examples include shopping centers, professional offices, retail stores, recreational facilities, service centers, and educational institutions.

 

Can I sue for housing discrimination?

Yes. Not only is it possible to sue for real estate discrimination, but Lieb at Law, P.C.  has helped countless individuals recover compensatory damages and punitive damages for the emotional distress inflicted by this unlawful act. If you or a loved one were discriminated against because of your protected status or class, it is critical to work with an experienced attorney who will fight to ensure that you receive the compensation you deserve.  

 

What qualifies as discrimination?

Discrimination is classified as unfair treatment to an individual because of their protected status or class. These statuses/classes vary throughout the United States, but may include race, ethnic background, visible traits (hair texture, hairstyle, donning of religious garments or items), color, national origin, citizenship status, alienage status, immigration status, lawful source of income (subsidy recipient status), occupation, religion, creed, marital status, partnership status, sex, gender, sexual orientation, gender identity or expression (transgender status), domestic violence victim status, stalking victim status, sex offense victim status, familial status, pregnancy, presence of children, handicap (disability), age, military status, uniformed service, veteran status, first responder status, arrest record, and sealed conviction record.

 

Can a real estate / housing provider change the terms of a lease or contract based on my protected class?

No. The law prevents real estate / housing providers from changing the terms, conditions, privileges, and/or availability of property based on your protected class status. It requires real estate brokers / salespersons to give you written disclosures that advise you of your rights. It prevents you from being treated differently from others where only the terms of your offer matter, not who you are.

 

Are handicapped individuals entitled to housing accommodations?

Yes. If you are handicapped or disabled, you are entitled to receive reasonable accommodations and reasonable modifications to allow you to equally use and enjoy the property. Your actual diagnosis does not need to be revealed and can remain confidential if you seek an accommodation or modification. In addition, the cost of the accommodation cannot be charged to you. In places like New York City, the cost of modifications cannot be charged to you either.

 

What are common examples of disability cases concerning housing discrimination?

The most common handicap and disability cases that we see involve service animals or emotional support animals in no pet properties. Other types of cases include parking issues, egress ramps for mobility impairments, and additional failure-to-accommodate cases. When it comes to accommodating the rights of handicapped and disabled individuals, providing access is essential.

 

Can I be discriminated against based on my source of income?

Whether you receive subsidies, like Section 8 (Housing Choice Vouchers), or are unemployed and receive child support, disability, spousal support, or have a trust fund, your source of income cannot impact your housing choices. The law protects you from offensive signage, improper applications, and/or wrongful questionnaires if they inquire about your employment status, request your W-2, or solicit a letter of employment. Where you get your rent money is your business and yours alone.

 

Can I be retaliated against if I proceed with a discrimination lawsuit?

Don't be afraid to speak-up. If you are advancing a fair housing and/or anti-discrimination right, you are protected from retaliation. Even if it is ultimately found that you were not discriminated against, you can be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. It also applies if you are an ally who is aiding and/or encouraging someone else to exercise their rights to be free from discrimination.

 

What happens if I win my housing discrimination case?

As the victim, you can recover compensatory damages, punitive damages, and your attorneys’ fees. The perpetrator can lose their license (if applicable), be required to take trainings, be made to pay fines, and be ordered to stop their offensive behavior. Working with a top discrimination attorney affords you the best possible chance at a successful outcome to your case. If you or a loved one has been treated unfairly and is in need of legal assistance, contact our team today.




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Monday, May 16, 2022

New NYS Discrimination Law Enacted - Victims of Domestic Violence Protected

On May 13, 2022, NYS protected victims of domestic violence from discrimination in credit, housing, educational institutions, employment agencies, and labor organizations. Even real estate brokers are subject to this law and everyone needs to know that they must treat victims with the respect and support that they need and deserve. 


While domestic violence victims have been protected from employment discrimination since 2019, within the state, the new law, S8417B, even expands this category by now making employment applications and advertisements subject to the law. 


Simply, if you are a victim of domestic violence, you have rights. This applies to the "1 in 4 women and 1 in 7 men [who] will experience severe physical violence by an intimate partner in their lifetime" according to CDC reports. Simply, you are not alone and if you experience discrimination you have the right to be compensated. 






Friday, April 22, 2022

Housing Discrimination & Your Rights - What Victims Should Know

Discrimination in real estate is illegal throughout the United States and in certain states, like New York, there are even greater protections, rights, and damages available to victims.


Whether you were discriminated against by a seller, landlord, tenant co-op, condo, HOA, lender, real estate broker / salesperson, or property manager, you are entitled to compensation. This is true in housing and at places of public accommodation (i.e., shopping center, professional office, retail store, educational institution, recreational facility, and service center). This is often even true if the discrimination was unintentional or caused by the perpetrator's implicit biases.


Anti-discrimination rights and protections entitle victims to sue for compensation if discrimination occurred because of your protected status / protected class, which statuses / classes vary throughout the United States, but may include your race, ethnic background, visible traits (hair texture, hairstyle, donning of religious garments or items), color, national origin, citizenship status, alienage status, immigration status, lawful source of income (subsidy recipient status), occupation, religion, creed, marital status, partnership status, sex, gender, sexual orientation, gender identity or expression (transgender status), domestic violence victim status, stalking victim status, sex offense victim status, familial status, pregnancy, presence of children, handicap (disability), age, military status, uniformed service, veteran status, first responder status, arrest record, and sealed conviction record.


The law prevents real estate / housing providers from changing the terms, conditions, privileges, and/or availability of property based on your protected class status. It requires real estate brokers / salespersons to give you written disclosures that advise you of your rights. It prevents you from being treated differently from others where only the terms of your offer matter, not who you are.


If you are handicapped / disabled, you are also entitled to receive reasonable accommodations (change to policies / procedures / rules) and reasonable modification (change to structure) so that you can equally use and enjoy property. Plus, your actual diagnosis need not be fully revealed and can remain confidential when you seek such an accommodation / modification. Better yet, the cost of the accommodation cannot be charged to you, and in places like New York City, this is also true for the cost of modifications. The most common handicap / disability cases that we see involve service animals / emotional support animals in no pet properties, preferential / parking and ingress / egress ramps for mobility impairments, and other failure-to-accommodate cases. We are also involved in ADA failure-to-remove barrier cases and more. When it comes to handicapped / disabled people, it's all about providing access. 


If you receive subsidies, like Section 8 (Housing Choice Vouchers), or you are unemployed (i.e., retired, spousal / child support recipient, trust fund baby, student, disabled), your source of income cannot impact your housing choices. You are protected from offensive signage, improper applications, and/or wrongful questionnaires if they inquire about your employment status, request your W-2, or even solicit a letter of employment. Simply, seeing your voucher cannot be a prerequisite to seeing / viewing an apartment. Where you get the rent should be no one's business. 


Don't be afraid to speak-up. If you are advancing a fair housing and/or anti-discrimination right, you are protected from retaliation. Even if it is ultimately found that you were not discriminated against, you can nonetheless be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. This is not just true if you are advancing your own rights, it also applies if you are an ally who is aiding and/or encouraging someone else to exercise their rights to be free from discrimination.


Fair housing laws make housing available to everyone without stigma, loss of dignity, or other harms. If you are a victim, you can recover compensatory damages (being made whole), punitive damages (punishment damages), and your attorneys' fees. The perpetrator can lose their license (if licensed), be required to take trainings, and be ordered to stop their offensive behavior. There are fines and more. Discrimination is wrong and must be stopped.



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Wednesday, March 23, 2022

More Attorneys' Fees Available under NYS Human Rights Law for Discrimination Cases

On March 18, 2022, Governor Hochul signed S7733 into law and clarified that "the awarding of attorney's fees in credit discrimination cases is not limited to only those discrimination cases alleging sex-based discrimination."


This law is particularly important for race discrimination, which is highly prevalent in the credit discrimination arena. 


Regardless, whenever a victim can recover his / her / its legal fees incident to overcoming discrimination, that's a good thing and this clarification is helpful for discrimination victims throughout NYS.




Friday, March 18, 2022

5 Tips if you Face Discrimination

If you think that you are being discriminated against at work, in housing, within education, or during any other aspect of your life, you should take the following 5 steps immediately:


  1. Make Records: Memory fades and uncorroborated facts are unbelievable so you need to create evidence if you plan to bring a discrimination claim. If you live in a state like NY, where recording a conversation only requires one-party consent, then, start recording all of your conversations with witnesses and perpetrators immediately. If not, stick to a daily diary of events. Either way, get that evidence recorded starting now.
  2. Save Documents: If discrimination is occuring at work, make sure to take all of your employment agreements, policy manuals, and procedure documents and put them onto your personal computer or turn them into printed form. If discrimination is happening in housing, compile your lease, house rules, and all other written documents and make sure they are similarly saved. Remember, from the moment that you believe that you are a discrimination victim, you need to start creating a file of all the relevant documents to the discriminatory events, including everything peripheral thereto. When in doubt as to whether a document is relevant, save the document. 
  3. Befriend Witnesses: They say it takes a village and that couldn't be more true when you are trying to overcome discrimination that is wronging you. To win a discrimination case, you need allies and advocates in your corner. Did you know that your allies are also protected under discrimination law and can bring a claim themselves if they face retaliation for assisting you? 
  4. Stay Strong: Most victims are afraid to fight for their rights because they fear that they will face a worse situation if they speak up. If this is you, please know that every act of retaliation against you gives you a further legal claim against the perpetrator. Did you know that even if you lose your discrimination case, you can still recover damages on a retaliation claim? So, don't be afraid to speak up and fight for your rights.  
  5. Protect Yourself: This is the most important tip that we can give. You should always worry less about your ability to sue for damages incident to being discriminated against and worry more about being safe. If you feel in danger, always get out of that situation immediately and call the police. 

Finally, remember to always consult with an attorney because your attorneys' legal fees are recoverable as damages in a discrimination claim and nothing replaces receiving tailored advice for your specific situation before you act to stop it. 



Thursday, March 17, 2022

Notice of Tenants' Rights to Reasonable Modifications and Accommodations for Persons with Disabilities

On March 16, 2022, the NYS Division of Human Rights published Revised Rule Making, HRT-15-21-00005-RP (proposed 19 NYCRR 466.15), with respect to the notice that tenants must receive, which explains their rights to receive reasonable modifications and accommodations in housing. 


The proposed regulation provides that:

  • Real Estate Brokers are charged with making this disclosure "[u]pon the first substantive contact." 
  • Housing providers are charged with providing this disclosure to current and new tenants. 
  • Housing providers must post the notice on all of their websites.


Here is what the notice should state:

NOTICE DISCLOSING TENANTS’ RIGHTS TO REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES 

Reasonable Accommodations

The New York State Human Rights Law requires housing providers to make reasonable accommodations or modifications to a building or living space to meet the needs of people with disabilities.

For example, if you have a physical, mental, or medical impairment, you can ask your housing provider to make the common areas of your building accessible, or to change certain policies to meet your needs.

To request a reasonable accommodation, you should contact your property manager by calling —or —, or by e-mailing — * . You will need to inform your housing provider that you have a disability or health problem that interferes with your use of housing, and that your request for accommodation may be necessary to provide you equal access and opportunity to use and enjoy your housing or the amenities and services normally offered by your housing provider.

A housing provider may request medical information, when necessary to support that there is a covered disability and that the need for the accommodation is disability related.

If you believe that you have been denied a reasonable accommodation for your disability, or that you were denied housing or retaliated against because you requested a reasonable accommodation, you can file a complaint with the New York State Division of Human Rights as described at the end of this notice. 

Specifically, if you have a physical, mental, or medical impairment, you can request: 

  • Permission to change the interior of your housing unit to make it accessible (however, you are required to pay for these modifications, and in the case of a rental your housing provider may require that you restore the unit to its original condition when you move out); 
  • Changes to your housing provider’s rules, policies, practices, or services;
  • Changes to common areas of the building so you have an equal opportunity to use the building. The New York State Human Rights Law requires housing providers to pay for reasonable modifications to common use areas.

Examples of reasonable modifications and accommodations that may be requested under the New York State Human Rights Law include:

  • If you have a mobility impairment, your housing provider may be required to provide you with a ramp or other reasonable means to permit you to enter and exit the building.
  • If your healthcare provider provides documentation that having an animal will assist with your disability, you should be permitted to have the animal in your home despite a “no pet” rule.
  • If you need grab bars in your bathroom, you can request permission to install them at your own expense.
  • If your housing was built for first occupancy after March 13, 1991 and the walls need to be reinforced for grab bars, your housing provider must pay for that to be done.
  • If you have an impairment that requires a parking space close to your unit, you can request your housing provider to provide you with that parking space, or place you at the top of a waiting list if no adjacent spot is available.
  • If you have a visual impairment and require printed notices in an alternative format such as large print font, or need notices to be made available to you electronically, you can request that accommodation from your landlord.

Required Accessibility Standards All buildings constructed for use after March 13, 1991, are required to meet the following standards:

  • Public and common areas must be readily accessible to and usable by persons with disabilities;
  • All doors must be sufficiently wide to allow passage by persons in wheelchairs; and
  • All multi-family buildings must contain accessible passageways, fixtures, outlets, thermostats, bathrooms, and kitchens.

If you believe that your building does not meet the required accessibility standards, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint A complaint must be filed with the Division within one year of the alleged discriminatory act. You can find more information on your rights, and on the procedures for filing a complaint, by going to www.dhr.ny.gov, or by calling 1-888-392-3644 with questions about your rights. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website.


The public can comment on this Revised Rule Making until April 30, 2022 by email to  Caroline.Downey@dhr.ny.gov with subject of I.D. No. HRT-15-21-00005-RP



Of note, this Proposed Rule was already revised based on prior public comment. Based on that prior comments, the Revised Rule now:
  1. Includes a posting requirement;
  2. Language change from "doctor" to "healthcare provider" with respect to proving disabilities;
  3. Language change from "show" a disability to "inform" of a disability;
  4. The regulation also now explains the statute of limitations of 3 years to file a complaint in court;
  5. Adding that the failure of a housing provider to respond to a reasonable accommodation request may also be considered a denial of a reasonable accommodation;
  6. Clarifying when a provider may reasonably request particular documentation about a disability or need for an accommodation; and
  7. That the notice requires owners and landlords, not real estate agents, to provide contact information for property managers in the notice.
The response to those comments also acknowledges that there is no express enforcement mechanism for failure to comply with the notice requirement besides from the fact, that we surmise, it will be relevant in a failure-to-accommodate lawsuit and under license law for licensed professionals. 


Finally, the Division of Human Rights declined to include advice about the availability of attorneys' fees for plaintiffs in discrimination lawsuits in response to comment. We strenuously disagree with this decision because this lack of disclosure will demotivate victims from seeking the professional help that they desperately need and we hope that you, the public, will comment, again, to remind the Division of this important fact.  



Thursday, December 23, 2021

Update! New York is Ready to Receive Your Calls on Housing Discrimination

New law establishes a dedicated phone line for public use to voice complaints of housing discrimination. New York State’s Division of Human Rights will operate the phone line during regular business hours. The phone number will be posted on the Division of Human Rights website.


The law becomes effective, 120 days after December 21, 2021. 


Nothing in this Bill prevents you from hiring an attorney to pursue damages resulting from discriminatory conduct. If you believe that you suffered injuries as a result of housing discrimination, you may be entitled to compensatory damages and punitive damages plus, you can have your attorneys' fees paid for by the defendant. 

Monday, December 13, 2021

New York is Ready to Receive Your Calls on Housing Discrimination

The New York State Legislature passed Bill S3437C that establishes a dedicated phone line for public use to voice complaints of housing discrimination. New York State’s Division of Human Rights will operate the phone line during regular business hours. The phone number will be posted on the Division of Human Rights website.


The Bill amends Human Rights Executive Law The General Powers of the Human Rights Division, Section 295 . It awaits the Governor's signature to become effective, as law, 120 days after it is signed.

 

Nothing in this Bill prevents you from hiring an attorney to pursue damages resulting from discriminatory conduct. If you believe that you suffered injuries as a result of housing discrimination, you may be entitled to compensatory damages and punitive damages plus, you can have your attorneys' fees paid for by the defendant. 



Friday, December 10, 2021

Increased Discrimination Training For Real Estate Brokers & Salespersons

Starting on July 1, 2022, Bill (S2132B) will add increased fair housing and discrimination training for Real Estate Brokers and Salespersons. 


Summary:

  • Requires course content to include:
    1. Legacy of segregation, unequal treatment, and historic lack of access to opportunity in housing;
    2. Unequal access to amenities and resources on the basis of race, disability and other protected characteristics;
    3. Federal, state, and local fair housing laws;
    4. Anti-Bias training.
  • Requires 152 hours of training to obtain a Real Estate Broker license
  • Requires 77 hours of training to become a licensed Real Estate Salesperson
  • Requires approval of faculty to sign a document, under oath, approved by and submitted to the Department of State, attesting to compliance with all applicable statutory and regulatory requirements pertaining to the instruction of the established curriculum. There will be penalties for faculty that fail to meet their obligations including suspension and revocation of their instructor certificate.





Thursday, September 16, 2021

Are Minimum Income-to-Rent Policies Discriminatory?

Landlords and brokers should pay close attention to Long Island Housing Servs. Inc. v. NPS Holiday Square LLC in the Eastern District of New York


This case addressed whether minimum income requirements for rentals are discriminatory. 


What do you think?


Should a landlord be able to screen tenants based on their income?


The landlords in this case utilize "a two-to-one income requirement, which generally requires applicants without housing vouchers to have an income double the monthly rent." If they have vouchers, the vouchers are credited "as one month's rent and [the] applicants [] have [to have] an income equal to between 80 percent and 100 percent of one month's rent." 


To be discriminatory, this policy would have to have "'a significantly adverse or disproportionate impact' on housing voucher users." 


Currently the plaintiffs and defendants are battling over experts, but this case is going to teach landlords, brokers, property managers, and the like how to frame their policies moving forward. 


So, keep a close eye on this one. 




Monday, August 02, 2021

Lieb Quoted in Newsday Article on Section 8 Vouchers & Discrimination

Check out Maura McDermott's Newsday article, Ruling: Suffolk complex broke law spurning Section 8 housing vouchers.

In the article, I'm quoted as saying that "Starting in September, a new state law requires state agencies and nonprofits that administer housing subsidies to give recipients written notice about their fair-housing rights" and that "fair-housing enforcement has become a higher priority at the local, state and federal level, which he said was prompted by Newsday’s 2019 Long Island Divided project, a three-year investigation into housing bias."

The article is about how Long Island Housing Services filed suit after "its testers were told the complex did not accept federal housing-choice subsidies, also known as Section 8 vouchers."

Do you think we should have more testers in society to route out housing discrimination?

Who should pay for these testers?

In the article, it said that Long Island Housing Services paid $23,855 for the testors - that's a lot of $$$




Wednesday, July 28, 2021

John Oliver Tackles Fair Housing - Newsday's Long Island Divided is on HBO

If you still don't understand that housing discrimination happens or if you are confused about the long term impacts of discrimination, you need to watch this great explanation of housing discrimination on HBO by John Oliver - it's a must watch for anyone who doesn't understand that housing discrimination from yesterday impacts lives today. 


Alternatively, here is The Lieb Cast tackling the same issue on our podcast back on January 31, 2021. 


Who does the topic better; Lieb or Oliver?


Shouldn't John have Lieb on his show?


What do you think?




Wednesday, July 21, 2021

Filing a Discrimination Complaint with the NYS Division of Human Rights Just Got Easier

As of July 16, 2021, discrimination victims need not have their discrimination complaints notarized before filing them with the NYS Division of Human Rights, per a change to Executive Law 297(1)


This applies to both victims of employment discrimination and housing discrimination.


According to the laws justification, the notarization requirement "discourage[d] people from filing complaints" and the Division nonetheless received over 6,000 complaints annually. 


How many complaints will the Division receive now? 


Do you think that this new law makes sense? 


Does it matter if a document is notarized? 


Shouldn't preventing discrimination be as easy as pie? 





Tuesday, July 20, 2021

Attention Landlords - Source of Income Discrimination Lawsuits are Coming as of 9/14/2021

On July 16, 2021, new Executive Law 170-e was signed into law and requires that all administrators of housing assistance (governmental / nonprofits) ensure that "individuals who have applied for and are eligible to receive such assistance, payment, subsidy or credit are informed, in writing, of their rights and remedies available under law, with regard to lawful source of income discrimination.”


The law is effective as of September 14, 2021 and that is an important deadline for landlords, brokers, and property managers to get up to speed on the rules to avoid source of income discrimination in their ranks.


To illustrate, a housing provider who requests a credit score from a voucher recipient could be discrimination, a housing provider who demands a minimum income from a voucher recipient could be discrimination, and a housing provider who makes receipt of a voucher a precondition to seeing units could be discriminating.


Do you have policies in place to avoid your team discriminating and subjecting you to a major lawsuit??


More so, those policies better include the forthcoming regulations that the State Division of Human Rights is going to promulgate to particularize this new law.


Are you ready?