Housing / Rental

  1. Ohana v. 180 Prospect Place Realty Corp.
    996 F. Supp. 238 (E.D.N.Y. 1998), No. 94-CV-5816 (FB). Dated March 11, 1998. Opinion by J. Frederic Block.

    • 42 U.S.C. § 3617 of the Fair Housing Act serves as a separate basis for a claim against neighbors guilty of discriminatory acts based upon, inter alia, plaintiffs’ race, Jewish religion, and national origin where there is no predicate for liability under any of the statute’s specifically referenced enumerated substantive provisions.
  2. McCready v. Hoffius
    459 Mich. 131, 586 N.W.2d 723 (Mich. 1998), Nos. 108995 & 108996. Dated December 22, 1998. Opinion by J. Marilyn Kelly. Dissenting , JJ. Elizabeth A. Weaver and Patricia J. Boyle.

    • “Defendants violated the Michigan Civil Rights Act when, on religious grounds, they refused to rent property that was not owner-occupied to unmarried couples; defendants’ constitutional right to freedom of religion did not supersede the plaintiffs’ civil rights under the Act.
  3. Thomas v. Anchorage Equal Rights Commission
    165 F.3d 692 (9th Cir. 1999), Nos. 97-35220 and 97-35221. Dated January 14, 1999. Opinion by J. Diarmuid F. O’Scannlain. Dissenting opinion by J. Michael Daly Hawkins. Cf. Case # 366, February 1999 Reporter.

    • “Enforcement of Alaska housing laws prohibiting apartment owners from refusing to rent to unmarried couples infringes on Christian landlords’ right under the free exercise clause of the First Amendment; property was not owner-occupied; action for prospective declaratory and injunctive relief ripe for review although plaintiffs had not yet been prosecuted.
  4. Levin v. Yeshiva University
    691 N.Y.S.2d 280 (N.Y. Sup. Ct. 1999). Dated March 15, 1999. Opinion by J. Franklin R. Weissberg.

    • Medical school associated with religiously affiliated university was entitled to deny a gay student the right to have her lesbian partner live in school housing accommodations offered at below market rental rates; First Amendment issues not implicated; case decided under New York State and New York City Human Rights Laws and the New York State Roommate Law.

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