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Landlord & Tenant
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed
Byrd v. KTB Capital LLC NYLJ 2/22/19, p. 22, col. 3 U.S. Dist. Ct., WDNY (Telesca, J.)
In tenant's action alleging violations of the Fair Housing Act, landlord and the managing agent moved for summary judgment. The court granted the motion, holding that landlord and the managing agent had rebutted tenant's prima facie case of discrimination, and that tenant had demonstrated no causal connection between her assertion of statutory rights and landlord's decision to evict her.
Tenant initially leased her apartment in 2012 and renewed her lease the following year. In 2014, landlord proposed a lease renewal with a $20 monthly increase in rent. Tenant did not agree to the increase and did not vacate, leading landlord to send reminder letters and then to commence an eviction proceeding. Ultimately, after a City Court hearing, tenant agreed to pay the increase, and her lease was extended until Oct. 31, 2015. In September of that year, landlord notified tenant that it was not renewing her lease. Tenant did not vacate, prompting landlord to commence an eviction proceeding, which resulted in tenant's eviction.
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