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Town Can Be Liable for Aiding and Abetting Discrimination New York State Division of Human Rights v. Town of Oyster Bay NYLJ 11/22/19, p. 32, col. 1 AppDiv, Second Dept. (memorandum opinion)
In an action by the State Division of Human Rights against the town and the Long Island Housing Partnership alleging discrimination on the basis of race in violation of the Human Rights Law, the town and the partnership appealed from Supreme Court's denial of their motion to dismiss. The Appellate Division modified to dismiss some of the claims because the defendants were not within the category of actors who could be liable under the statute, but held that the claim of aiding and abetting acts of discrimination should survive the motion to dismiss.
The Division of Human Rights brought this action alleging that the town's Nest Generation and Golden Age housing programs violated the Human Rights law perpetuated segregation by restricting the sale of housing units under these programs to parents and children of existing residents of the town. The complaint alleged various violations of the Human Rights Law (Article 15 of the Executive Law). The town and the Long Island Housing Partnership moved to dismiss, but Supreme Court denied the motion.
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