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Co-ops and Condominiums
Fair Housing Act Claim Against Condominium Board Dismissed
A.L.M. v. Board of Managers NYLJ 8/21/19, p. 21. col. 3 U.S. Dist. Ct., S.D.N.Y. (Roman, J.)
In condominium owner's claim against the condo board for violation of the Fair Housing Act, the condominium board moved for summary judgment. The court granted the motion, holding that unit owner had not demonstrated harassment that created a hostile environment, and did not establish a basis to impute any harassing conduct to the condominium board.
Condominium owner and his wife adopted a daughter of Chinese origin. When they moved into the condominium in 2005, their upstairs neighbor allegedly looked at the family disparagingly. Another neighbor would intercept the family when the family left their unit and would, allegedly, stop in such a way that family members would have to walk around him. In addition, packages addressed to unit owner were frequently damages. Unit owner hired an investigator, who discovered that no other packages were damaged, and that unit owner's packages were damaged unless the investigator was in the vicinity to observe. Seven years after moving in, unit owner moved out of the unit and tried to rent it, only to be told by the board that he could not rent the unit because board policy precluded rentals of more than 25% of the units, and the complex had reached the 25% limit. Unit owner then moved back in, returning to the same allegedly harassing behavior. Unit owner then brought this claim under the Fair Housing Act.
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