Legal Question in Discrimination Law in New York

Renting a room only to blacks

I share a 3 BR apartment with my BF & his sister. The apartment was under the name of my boyfriend�s aunt�s (Betty�s) domestic partner, Cathy. They had inhabited the apartment for 15 years when they decided to move away. They wanted 2 keep the apartment in the family & gave the apartment 2 my boyfriend & his brother. Then the landlord discovered that Cathy didn�t lived there (Betty still visited often enough). A court battle ensued - the landlord accused Cathy of illegally subletting. Cathy and Betty subsequently fought back, claiming that as domestic partners, Betty, who still occupied the apartment, had succession rights to Cathy�s lease. Recently, Cathy and Betty won the case. Betty was granted the lease under her name. The landlord thinks that Betty travels a lot & lives there w/ her nephew (my BF) whose sister and GF visit quite frequently. Betty comes to town maybe 2x a year. To recoup her legal costs, Betty wants to rent the spare BR. She wants 2 rent 2 a black person so they can blend in w/ us (we�re all black), look like family, & not draw attention 2 our real living situation. My question: can I state in my ads that we�re looking for a black tenant only? Would I be breaking any laws, discrimination or other?


Asked on 7/11/06, 11:30 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Renting a room only to blacks

Yes, it would be illegal to advertise in this manner. Further if the apartment is subject to rent stabilization rules, it would be illegal to sublet the apartment in any manner.

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Answered on 7/11/06, 11:38 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Renting a room only to blacks

Do not state you are looking for a black tenant. It is a violation of State and Federal Law.

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Answered on 7/11/06, 4:12 pm


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