Landlord's Contract with FDNY Didn't Require Unconstitutional Behavior

January 25, 2021

LVT Number: #31185

Rent-stabilized tenants, who were black and the sole remaining occupants of landlord's 23-unit apartment building, sued landlord and the FDNY, claiming a hostile housing environment in violation of the Fair Housing Act. Among other things, they claimed that FDNY training courses, conducted under contract with landlord, resulted in two forcible, warrantless entries into apartments. The court dismissed the case, finding failure to state a claim. Tenants couldn't show that the challenged conduct occurred because of a protected characteristic.

Rent-stabilized tenants, who were black and the sole remaining occupants of landlord's 23-unit apartment building, sued landlord and the FDNY, claiming a hostile housing environment in violation of the Fair Housing Act. Among other things, they claimed that FDNY training courses, conducted under contract with landlord, resulted in two forcible, warrantless entries into apartments. The court dismissed the case, finding failure to state a claim. Tenants couldn't show that the challenged conduct occurred because of a protected characteristic. There was no claim that any unconstitutional behavior by the defendants was required by, contemplated, or the natural result of the contract between landlord and the FDNY.

Brown v. Fire Dept. of the City of New York: Index No. 19-CV-2400, NYLJ No. 1606745592 (EDNY; 11/25/20; DeArcy Hall, DJ)

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