Supported Housing Program Tenant Can Sue Landlord for Discrimination

March 24, 2020

LVT Number: #30713

Landlord sued to evict tenant, a mentally and physically disabled resident of a housing facility in a state- and city-funded Supported Apartments Program, for nonpayment of rent. Tenant then sued landlord in federal court for housing discrimination based on her disability. Landlord asked the federal court to dismiss that case, based on the pending housing court proceeding. The court ruled against landlord. The "Rooker-Feldman" doctrine provides that federal courts lack jurisdiction over actions that are simply appeals from state court judgments.

Landlord sued to evict tenant, a mentally and physically disabled resident of a housing facility in a state- and city-funded Supported Apartments Program, for nonpayment of rent. Tenant then sued landlord in federal court for housing discrimination based on her disability. Landlord asked the federal court to dismiss that case, based on the pending housing court proceeding. The court ruled against landlord. The "Rooker-Feldman" doctrine provides that federal courts lack jurisdiction over actions that are simply appeals from state court judgments. But the housing court didn't have the authority to rule on tenant's discrimination claims. Tenant claimed discrimination, based on disability, under federal law, which can't be determined in housing court. 

Jones v. The Ass'n for Rehabilitative Case Mgmt. & Supported Housing Program Inc.: 2019-cv-10114, NYLJ No. 1580483509 (SDNY; 1/30/20; McMahon, J)

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