HIV-Positive Tenant Fails to Prove Housing Discrimination

September 30, 2011

LVT Number: #23637

Prospective tenant sued landlord for housing discrimination after landlord denied his rental application. Tenant claimed that landlord didn't rent to him because he was HIV-positive. The court ruled against tenant. Tenant and his wife applied for an apartment after a fire left them homeless. Tenant received DSS and SSI benefits. But tenant failed to obtain a government agency's guarantee for rent beyond the security deposit and first month's rent. These were conditions for approval of the rental and a proper basis for denial of tenant's rental application.

Prospective tenant sued landlord for housing discrimination after landlord denied his rental application. Tenant claimed that landlord didn't rent to him because he was HIV-positive. The court ruled against tenant. Tenant and his wife applied for an apartment after a fire left them homeless. Tenant received DSS and SSI benefits. But tenant failed to obtain a government agency's guarantee for rent beyond the security deposit and first month's rent. These were conditions for approval of the rental and a proper basis for denial of tenant's rental application.

Johnson v. Levy: Index No. 10-CV-3217, NYLJ No. 1202516823778 (EDNY; 10/19/11; Spatt, J)

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