Super Gets Delay of Eviction Case Pending Outcome of Discrimination Claim

LVT Number: #27040

Landlord sued to evict the resident building super after terminating the super’s employment. Tenant then filed a discrimination complaint with the City Human Rights Commission (HRC) claiming that landlord failed to give him a reasonable accommodation for his health issues. Tenant also asked the housing court to delay the eviction case while his discrimination case was pending. The court noted concern that tenant waited more than three months and until after landlord started the eviction case before filing his complaint.

Landlord sued to evict the resident building super after terminating the super’s employment. Tenant then filed a discrimination complaint with the City Human Rights Commission (HRC) claiming that landlord failed to give him a reasonable accommodation for his health issues. Tenant also asked the housing court to delay the eviction case while his discrimination case was pending. The court noted concern that tenant waited more than three months and until after landlord started the eviction case before filing his complaint. The court stayed the eviction case through May 31, 2016, and ordered the super to request an expedited hearing and decision from HRC. If there was no decision by May 31, landlord could ask the court to proceed with the eviction case.

 

 

QPII-109-05 120 Street LLC v. Massingale: Index No. 78813/15, NYLJ No. 1202756589519 (Civ. Ct. Queens; 4/11/16; Nembhard, J)