Landlords Can't Vacate Settlement with NYSDHR

LVT Number: #24508

The State Division of Human Rights (DHR) investigated several landlords for housing discrimination based on race, family status, and/or age. During the course of the investigation DHR signed a settlement agreement with the landlords. Landlords later sued DHR, seeking to vacate the settlement agreement. Landlords claimed that DHR had no authority to enter into the agreement, especially since there had been no finding of probable cause that landlords engaged in unlawful discriminatory practices before doing so. Landlords also claimed that they signed the agreement under duress. The court ruled against landlords. Landlords' claim was untimely as it was filed more than 60 days after DHR issued an order incorporating the terms of the settlement agreement.

Ken-Vil Associates Limited Partnership v. NY State Division of Human Rights: 2012 NY Slip Op 07456, 2012 WL 5458535 (App. Div. 4 Dept.; 11/9/12; Centra, JP, Peradotto, Carni, Sconiers, JJ)