ECBAWM Successfully Defeats Motion Filed By Landlord Challenging Constitutionality of New York City Human Rights Law
- September 18, 2023
For a second time, ECBAWM has defeated a summary judgment motion by Parkchester Apartments seeking dismissal of a source of income discrimination complaint brought by the Fair Housing Justice Center (“FHJC”) under the New York City Human Rights Law (“HRL”). Parkchester is comprised of 171 buildings with more than 12,000 apartments including 6,000 rental units in the Bronx. FHJC alleges that Parkchester’s minimum income requirement based on the full rent and not the tenant’s share of the rent discriminates against applicants with housing vouchers.
In its motion, Parkchester claimed that HRL’s inclusion of rental vouchers as lawful sources of income is unconstitutional because voucher programs require warrantless or unconsented government inspection of apartments. In a decision issued on September 11, 2023, Administrative Law Judge Kevin F. Casey denied the motion, adopting nearly all of ECBAWM’s arguments. The case will now proceed to a hearing on the merits of FHJC’s claims.