This decision involves the issue of “whether a landlord may be liable under §§3604 and 3617 of the Fair Housing Act of 1968 (FHA), 42 U.S.C. §§3604, 3617, and analogous provisions of the New York State Human Rights Law (NYSHRL), NY Exec. Law §296, for intentionally discriminating against a tenant who complains about a racially hostile housing environment that is created by and leads to the arrest and conviction of another tenant.” A U.S. District Court [E.D.N.Y.] dismissed the plaintiff’s claims under the FHA, 42 U.S.C. §§1981 and 1982, and the NYSHRL, in addition to the plaintiff’s other claims under New York State law. The U.S. Court of Appeals for the Second Circuit (Second Circuit or court) vacated the District Court’s dismissal of the federal and NYSHRL and remanded the matter of further proceedings. The court otherwise affirmed the District Court’s judgment. A dissenting opinion would have affirmed the District Court opinion.

The landlord had “allegedly refused to take any action to address what it knew to be a racially hostile housing environment created by one tenant targeting another, even though the landlord had acted against other tenants to redress prior, non-race related issues.” The court asserted that its decision adhered to the “FHA’s broad language and remedial scope.”