Resident Claims Shelter Violated Fair Housing Act by Failing to Provide Halal Meals

LVT Number: #27325

Resident sued homeless shelter in federal court, claiming that the shelter’s failure to provide halal meals to him violated his rights under the Fair Housing Act (FHA), the Civil Rights of Institutionalized Persons Act, and the Religious Land Use of Institutionalized Persons Act, as well as under the First and Fourteenth Amendments of the U.S. Constitution.

Resident sued homeless shelter in federal court, claiming that the shelter’s failure to provide halal meals to him violated his rights under the Fair Housing Act (FHA), the Civil Rights of Institutionalized Persons Act, and the Religious Land Use of Institutionalized Persons Act, as well as under the First and Fourteenth Amendments of the U.S. Constitution. The resident also claimed intentional and negligent infliction of emotional distress. The shelter was operated under a mental illness/chemical addiction program. Resident, a Muslim, adhered to strict dietary law, and was referred to the shelter by the NYC Department of Homeless Services in January 2016. He claimed that his repeated requests for halal meals were ignored.

The court dismissed resident’s federal law claims for failure to state a claim for relief. The claim didn’t concern housing discrimination covered by the FHA nor a violation of the nondiscrimination provisions of the Housing and Community Development Act. And only the Attorney General could sue under the Civil Rights Acts relied on by resident. Resident’s emotional distress claims were also dismissed but could be raised in New York State court.

 

 

 

Al-Qadaffi v. Acacia Network: Index No. 16-CV-05423, NYLJ NO. 1202770327053 (EDNY; 10/17/16; Cogan, DJ)