- The plaintiff or charging party is first required to prove as part of the prima facie showing that a challenged practice caused or predictably will cause a discriminatory effect;
- if the plaintiff or charging party makes this prima facie showing, the defendant or respondent must then prove that the challenged practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory interests of the defendant or respondent; and
- if the defendant or respondent meets its burden at step two, the plaintiff or charging party may still prevail by proving that the substantial, legitimate, nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect.
Monday, April 03, 2023
Thursday, December 29, 2022
- 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.
- 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.”)
- 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.
- 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.
- 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.
Friday, April 22, 2022
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.
*Attorney advertising
Wednesday, August 18, 2021
We are always updating our CE courses at Lieb School because the law is constantly changing.
While the law changes on every topic, there is no field that seems to be evolving today more than anti-discrimination law. So, we thought it important to share our updated definitive lists of protected classes within downstate New York for Fair Housing and Discrimination Law.
Note - While these lists are similar for employment discrimination law, there are minor differences in protections between the two fields and you should consult with an attorney should you have any questions.
Fair Housing Act:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Handicap
- Race
- Creed
- Color
- National origin
- Sexual orientation
- Gender identity or expression (transgender)
- Military status
- Sex
- Age
- Disability
- Marital status
- Lawful source of income
- Familial status
- Arrest / sealed conviction record
- Domestic violence victim status (lease / occupancy only)
- Race
- Creed
- Color
- National origin
- Gender
- Age
- Disability
- Sexual orientation
- Uniformed service
- Marital status
- Partnership status
- Immigration or citizenship status
- Lawful source of income
- Presence of children
- Occupation
- Victim of domestic violence, stalking or sex offenses
- Race
- Color
- Religion
- Age
- National origin
- Alienage or citizenship status
- Ethnicity
- Familial status
- Creed
- Gender
- Sexual orientation
- Marital status
- Disability
- Source of income
- Status as victim of domestic violence, sexual abuse, or stalking
- Race
- Creed
- Color
- Gender
- Disability
- Age
- Religion
- Source of income
- Veteran status
- Sexual orientation
- Familial status
- Marital status
- Ethnicity
- National origin
- First responder status
- Visible traits of an individual such as natural hair texture, protective hairstyles & donning of religious garments or items and shall include segregation
- Race
- Color
- Creed
- Age
- National origin
- Alienage / citizenship
- Gender
- Sexual orientation
- Disability
- Marital status
- Sex
- Familial status
- Military status
- Visible traits of an individual, such as natural hair texture, protective hairstyles & donning of religious garments or items
- Lawful source of income
- Veteran status
- Victim of domestic violence
Tuesday, June 01, 2021
According to today's White House Press Release, "President Biden issued a memorandum directing the U.S. Department of Housing and Urban Development (HUD) to address discrimination in our housing market."
In doing so, the President has charged the Secretary of HUD to lead an "interagency initiative to address inequity in home appraisals" while citing to a study that found "homes in majority-Black neighborhoods are often valued at tens of thousands of dollars less than comparable homes in similar—but majority-White—communities."
Next week, HUD is publishing a new disparate impact discrimination rule in the federal register to address neutral housing policies that have a discriminatory impact on marginalized groups.
Are you part of the problem or part of the solution?