Development

In modifying, the Appellate Division noted that sections 296(2-a) and (5) explicitly set forth the category of actors which may be held liable for unlawful discriminatory practices. Those actors are listed in subsection 2-a as "the owner, lessee, sub-lessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession or the right to rent or lease such accommodations" and in section 5 as "the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed or any agent or employee thereof.." Because the town and the housing partnership did not fall into any of the listing categories, the causes of action based on subsections 2-a and 5 should have been dismissed against them. But the court held that the aiding and abetting claim under section 296(6) and the claim for "otherwise discriminating" under section 296(13) sufficiently pleaded a cause of action against the town and the partnership.