SECTION 8 VOUCHERS, ETC. AND HOUSING DISCRIMINATION

The NYC Human Rights Law prohibits discrimination in housing based on your actual or perceived race, color, creed, age, national origin, alienage or citizenship status, gender (including gender identity and sexual harassment), sexual orientation, disability, marital status, partnership status, lawful occupation, family status, or lawful source of income. Lawful source of income includes income from Social Security, or any form of federal, state, or local public assistance or housing assistance including Section 8 vouchers.

See http://www.nyc.gov/html/fhnyc/html/protection/income.shtml

MORTGAGES AND BLACKLISTING

In 2008, the Wall Street Journal reported:

"In the nation’s worst-hit real-estate markets, home sellers are suffering a new blow: They are being blacklisted by lenders. As property values decline and credit markets contract, home lenders nationwide are growing ever more unwilling to finance home purchases in sharply declining housing markets, driving prices down further. In some cases, lenders have ruled out entire geographic regions and property types altogether, most notably high-rise condominiums in South Florida and Las Vegas."

Recently, I am hearing reports of "blacklisting" in New York with respect to vacation and/or second home properties. It can be argued that such a practice is similar to "redlining":

"Other forms of redlining include the nullification of mortgage loans based on internal bank policies and procedures that fail to recognize complex property types. Co-Op and Condo Conversions in New York City are one such example. These building types are often made up of legacy rent controlled and rent stabilized units or may contain another protected class of tenant. Lenders who practice redlining often cite sponsor concentration or high rental concentration as an excuse to redline the property type. Such internal policies run counter to state and municipal laws and statutes, and are an illegal form of silent judgment on the economic and racial makeup of a building."

EMPLOYMENT DISCRIMINATION

By now you may have already read about Eric Favetta, a 31-year-old PetSmart employee, who said he was fired for "theft of services" after bringing his dog to work during an overnight shift he'd picked up as a favor to his manager. This story has had a happy ending - PetSmart offered him back his job. But sometimes, and I have witnessed this recently, an employer alleges misconduct for minor infractions under the guise of discrimination or changes the terms of employment that forces X employer to quit: in other words, the employer may believe that X employee should be terminated because of age, sexual orientation, race, religion, whatever, and that is against the law. So employer creates situations that causes X employee to be placed in a position where employee has no alternative but to quit or cause employee to be placed in a position where it is impossible for X employee to follow policy, directives, etc., and then is terminated for misconduct. Be forewarned. Discrimination is hard to prove, and in NY, there is a double benefit for the employer to engage in such conduct as a ruling of misconduct or voluntary separation without cause results in lack of unemployment benefits and, if the employer is denied benefits, that might be used as evidence for the employer in a subsequent discrimination suit or complaint, viz., there is no discrimination and either the Department of Labor and/or an Adminsistrative Law Judge and/or the Appeals Board and/or the Appellate Division, Third Department has ruled the employer quit or was engaged in misconduct.

A DAY IN LANDLORD & TENANT COURT/ELDER LAW

Yesterday, while representing tenants in Landlord/Tenant court, two things of interest came up:

1. Tom Suozzi's office has produced a booklet on obtaining financial and other assistance for the elderly and home bound. Contact the Nassau County Department of Social Services, 60 Charles Lindbergh Blvd., Uniondale, NY 11553-3656 for a copy.

2. Landlords seem to be getting tougher, not only in negotiating settlements for non-payment, but also as to who they will rent to. Be wary of housing discrimination - if you feel you have been a victim, contact The Nassau County Commission on Human Rights, 240 Old Country Road, Suite 606, Mineola, New York 11501 (516) 571-3662. Remember, housing discrimination based on your race, color, national origin, religion, sex, family status, or disability is illegal by federal law. If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint. The Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development has an on-line form or call toll-free 1 (800) 669-9777.