Fair Housing Act Complaint - New York

NEW YORK STATE HUMAN RIGHTS LAW FAIR HOUSING COMPLAINT

1. CAPTION

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [____________________]

Index No. [____________________]

VERIFIED COMPLAINT

1. Violation of the New York State Human Rights Law (N.Y. Exec. Law § 296(5));
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Failure to Provide Reasonable Accommodation / Modification (N.Y. Exec. Law § 296(2-a), (18); 42 U.S.C. § 3604(f)).

PLAINTIFF DEMANDS A TRIAL BY JURY

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], New York, and an "aggrieved person" within the meaning of N.Y. Exec. Law § 297 and 42 U.S.C. § 3602(i).

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the housing accommodation at issue within the meaning of N.Y. Exec. Law § 292(10).

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [managing agent / leasing agent / owner / superintendent / employee] of Defendant who personally participated in, aided, abetted, or directed the unlawful conduct and is sued individually under N.Y. Exec. Law § 296(6).

2.4. Doe Defendants. The true names and capacities of Defendants sued herein as "John Doe" and "Jane Doe" are presently unknown to Plaintiff, who will seek leave to amend when ascertained.

2.5. Subject property. The housing accommodation at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "housing accommodation" within the meaning of N.Y. Exec. Law § 292(10).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction as a court of general jurisdiction. Plaintiff brings this action directly in court pursuant to N.Y. Exec. Law § 297(9), not having filed (or having since withdrawn) any complaint with the Division of Human Rights on the same grievance.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under CPLR 503 because Plaintiff resides in this County and/or the Property and the discriminatory acts are located here.

3.4. Timeliness. This action is filed within three (3) years of the discriminatory housing practice, as permitted for NYSHRL claims brought directly in court under N.Y. Exec. Law § 297(9) and CPLR 214(2).

4. FACTUAL ALLEGATIONS

4.1. The NYSHRL, N.Y. Exec. Law § 296(5), prohibits discrimination in housing because of race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income, or familial status.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., lawful source of income (Section 8/Housing Choice Voucher), disability (________), sexual orientation, gender identity or expression, race, familial status, age].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to rent or sell, or refusal to negotiate for rental or sale (N.Y. Exec. Law § 296(5)(a)(1))
☐ Discrimination in the terms, conditions, or privileges of housing, or in services or facilities (§ 296(5)(a)(2))
☐ Discriminatory advertisement, statement, notice, or inquiry indicating a preference or limitation (§ 296(5)(a)(3))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available
☐ Steering, blockbusting, or inducing sale/rental by representations as to neighborhood composition (§ 296(3-b))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (§ 296(2-a)(d), (18))
☐ Refusal to permit a reasonable modification of the premises (disability) (§ 296(18))
☐ Harassment or creation of a hostile housing environment (§ 296(5))
☐ Retaliation against a person who opposed discrimination or filed a complaint (§ 296(7))
☐ Lawful-source-of-income discrimination — refusing to accept a Section 8/Housing Choice Voucher or other lawful subsidy (§ 296(5); § 292(36))
☐ Other state-protected-class discrimination: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of N.Y. Exec. Law § 292(21) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., emotional-support/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in a good-faith dialogue / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — NEW YORK STATE HUMAN RIGHTS LAW (N.Y. Exec. Law § 296(5))

5.1. Plaintiff repeats and realleges each preceding paragraph.

5.2. Defendant's conduct constitutes one or more unlawful discriminatory practices prohibited by N.Y. Exec. Law § 296(5) because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact), in violation of the NYSHRL.

5.4. The NYSHRL must be construed liberally to accomplish its remedial purposes (N.Y. Exec. Law § 300), and its 2019 amendments direct that it be construed independently of, and no less protectively than, federal anti-discrimination law.

5.5. Plaintiff is entitled to compensatory damages (including for mental anguish and emotional distress without cap), punitive damages where authorized, injunctive relief, civil penalties, and attorney's fees under N.Y. Exec. Law § 297(9)–(10).

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff repeats and realleges each preceding paragraph.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff repeats and realleges each preceding paragraph.

7.2. Plaintiff is a person with a disability under N.Y. Exec. Law § 292(21) and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of N.Y. Exec. Law § 296(2-a)(d) and § 296(18) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.5. Plaintiff is entitled to compensatory and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Mental anguish / emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity. The NYSHRL imposes no statutory cap on compensatory damages.

8.3. Punitive damages: Defendant acted with willful or wanton disregard of Plaintiff's rights, warranting punitive damages under the NYSHRL (as amended) and 42 U.S.C. § 3613(c)(1).

8.4. Civil penalties: as authorized under N.Y. Exec. Law § 297(4)(c)(vi) (penalty payable to the State).

8.5. Attorney's fees and costs: under N.Y. Exec. Law § 297(10) and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For damages for mental anguish and emotional distress;
• C. For punitive damages;
• D. For a declaration that Defendants' conduct violated New York and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For civil penalties as authorized by law;
• G. For reasonable attorney's fees and costs;
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to CPLR 4101 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

STATE OF NEW YORK )

COUNTY OF [____________________ ] ) ss.:

[PLAINTIFF NAME], being duly sworn, deposes and says: I am the Plaintiff in this action. I have read the foregoing Verified Complaint and know the contents thereof. The same is true to my own knowledge, except as to matters alleged on information and belief, and as to those matters I believe them to be true.

[____________________]

[PLAINTIFF NAME]

Sworn to before me on [__/__/____]

[____________________]

Notary Public

12. SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Verified Complaint to be served on the following by [method — personal service per CPLR 308 / mail / NYSCEF electronic filing]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. NEW YORK PRACTICE NOTES

• Enforcing agency. The New York State Division of Human Rights (DHR) administers and enforces the NYSHRL. In New York City, the NYC Commission on Human Rights enforces the parallel and broader NYC Human Rights Law.
• Protected classes (broader than federal). N.Y. Exec. Law § 296(5): race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income, and familial status. "Lawful source of income" (§ 292(36)) expressly includes Section 8/Housing Choice Vouchers and other governmental rent subsidies; a blanket "no Section 8" policy is unlawful.
• Administrative charge vs. direct court suit (election of remedies). Under N.Y. Exec. Law § 297(9), an aggrieved person may EITHER file an administrative complaint with DHR OR sue directly in court — but generally not both. Filing a DHR complaint bars a later court suit on the same grievance unless DHR dismissed it for administrative convenience, untimeliness, or annulment of election.
• Limitations periods.
• State court (direct NYSHRL housing suit): 3 years, N.Y. Exec. Law § 297(9); CPLR 214(2).
• State administrative complaint to DHR: 3 years for claims arising on or after February 15, 2024 (extended from 1 year by S.3255/2023); claims arising on or before February 14, 2024 remain subject to the prior 1-year window.
• NYC Human Rights Law (court action): 3 years (N.Y.C. Admin. Code § 8-502(d)).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. The NYSHRL authorizes uncapped compensatory damages (including mental-anguish damages), punitive damages (added by the 2019 amendments), injunctive relief, civil penalties, and — since 2019/2020 — mandatory attorney's fees to a prevailing plaintiff in housing cases under § 297(10).
• NYC overlay. If the Property is in NYC, the NYC Human Rights Law is construed even more liberally than the NYSHRL and provides for attorney's fees and punitive damages; strongly consider adding a § 8-107(5) count.
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading only state/city counts to anchor in state court.

15. SOURCES AND REFERENCES

• N.Y. Exec. Law § 296 (NYSHRL unlawful discriminatory practices) — https://www.nysenate.gov/legislation/laws/EXC/296
• N.Y. Exec. Law § 297 (procedure; § 297(9) election of remedies) — https://www.nysenate.gov/legislation/laws/EXC/297
• NYS DHR — Statute of Limitations Extended to Three Years (eff. Feb. 15, 2024) — https://dhr.ny.gov/news/governor-hochul-announces-new-statute-limitations-unlawful-discrimination
• NYS Division of Human Rights — https://dhr.ny.gov/
• N.Y.C. Admin. Code § 8-107 (NYC Human Rights Law) — https://www.nyc.gov/site/cchr/law/the-law.page
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New York must review and customize this document before filing. Verify all statutory citations and court rules before use.