Legal Question in Landlord & Tenant Law in New York

Family Discrimination Claim by Prospective Tenant

Offered a lease to a young lady for an apt in NYC under assumption that she had 4 kids who'd be residing in apt as she stated on her app. Found out at lease signing that 5 kids would reside in apt. Signed lease, but 2 (who were not in attendence at lease signing) of the 3 landlords were opposed to entering the lease based on the new information and the misrepresentation of info on her app (there's a clause in the lease and on the app stating any material misrepresentation on the app would be deemed grounds for cancelling lease). We verbally cancelled the lease with her the next day (are also sending a written notice). She filed a complaint with NYS Human Rights Commission claiming family discrimination. Do we have legal grounds for cancelling the lease based on the fact that she lied on the app? Are there other reasons we can cancel the lease (no overcrowding issues here - already checked)? Also, are there any contract issues since we actually signed the lease? Additionally, the young lady is on Sec 8 and the contract between NYCHA and us has not been signed by NYCHA nor has she paid the sec dep which was due at lease signing.


Asked on 5/07/03, 11:50 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Family Discrimination Claim by Prospective Tenant

this is the mediam-sized answer- Familiy size is not a 'suspect classification' in civil rights. That means you are given great latitude in the conduct of your business on this issue.

Your 'reason' for rejecting the tenant is misrepresentation on a term of the contract that a normal person would consider significant (extra kids). You may reject the contract without legal liability on this issue.

However, the tenant will complain the 'reason' is a fraud and the real reason is discrimination in a suspect classification (race, religion, sexual orientation, marriage, etc). The tenant is likely to know how to 'work the "system"'.

However, please feel very relieved. there are 3 civil rights enforcing agencies in NYC. Of the 3, the NY State and EEOC (Federal) are YEARS behind in their cases. They do not have the personnel to make an investigation. The NY City Commission on Human Rights is the agency whose 'internal affairs/workings' i do not have intimate knowledge. However, i do know that their investigations are not intense and a constructive, professional initial response to their inquiries will deflect any investigation or finding of 'probable cause'. you are welcome to a consultation for no fee at my offices at 42 west 44th st, ny,ny. please call for an appontment first, 646-591-5786

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Answered on 5/08/03, 10:21 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Family Discrimination Claim by Prospective Tenant

Since no consideration ($$)was exchanged for lease, the lease will be ineffective. HOWEVER, you do seem to be in violation of FHA for Family discrim.

Did you TELL/WRITE her you were cancelling lease because she has 5 not 4 children? If so, this is problem. If not, was your REASON FOR CANCELLING lease because she paid no consideration? If so, no problem. Since you are not permitted to discr whether she has 5 or 4, this prob would not be considered a material mis rep. You may want to give her the apartment in exchange for discontinuance of her complaint. Besides NYSHR Comm, she may file a Federal FHA claim.

If you would like more info on FHA I would be glad to email info.

Debra Palazzo 914 961-7800 or [email protected]

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Answered on 5/08/03, 8:57 am


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