No Handicap Discrimination Found Against Tenants' Daughter

Tenants sued landlord in federal court for housing discrimination after landlord refused to renew their lease. Landlord had told tenants they should live elsewhere to be closer to treatment facilities due to their daughter's medical condition. Landlord asked the court to dismiss the case because the daughter wasn't disabled. The court ruled for landlord. Tenants then asked the court to reconsider. Tenants argued that they didn't have to prove that their daughter was "disabled" under certain federal discrimination laws.

The court ruled against tenants. Under the law in question, 42 USC Section 3604(c), tenants must show that an ordinary listener would believe that, in light of all the circumstances, landlord's statements indicated a preference, limitation, or discrimination based on a "handicap," as defined by the law. But landlord's statements were aimed at tenants' daughter individually and not to disabled persons generally. Although landlord's statements referred to the daughter's "illness," "medical condition," "situation," and proximity to medical treatment, they don't demonstrate discrimination on the basis of handicap.

Rodriguez v. Village Green Realty, Inc.: Index No. 11-cv-1068, NYLJ No. 1202634550951 (NDNY; 11/15/13; McAvoy, J)