Disabled Section 8 Tenant Had No Claim Against HUD for Housing Discrimination
LVT Number: #33080
A disabled, wheelchair-bound tenant living in a HUD-subsidized apartment sued landlord and HUD, claiming failure to maintain his apartment so as to accommodate the vision-impaired tenant and to provide for wheelchair accessibility. Tenant argued that landlord and HUD violated the Americans with Disabilities Act (ADA), Rehabilitation Act Section 502, and the Fair Housing Act.
The court granted HUD's request to dismiss the case against HUD. Tenant lacked standing to maintain his claim. He failed to show injury by HUD, which was neither a party to the HAP contract under which the apartment received Section 8 subsidy benefits nor subject to the lawsuit under ADA Titles II or III. Tenant also didn't show that HUD waived sovereign immunity under 42 USC Section 1404a. HUD wasn't a party to any relevant contract asserted by tenant nor did HUD breach the contract between landlord and the NY State Housing Trust Fund Corporation.
Moore v. Capital Realty Group, Inc.: Index No. 21-CV-1099, NYLJ No. 1705071214 (WDNY; 1/11/24; Foschio, J)