Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Landlord Not Liable for Harassment by Fellow Tenants
What obligation does the Fair Housing Act impose on a landlord confronted with tenant-on-tenant harassment? In Francis v. Kings Park Manor, Inc., 992 F.3d 676, the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant, dismissing tenant's claims based on intentional discrimination and deliberate indifference. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.
On approximately eight occasions during 2012, tenant Endres harassed a fellow tenant, Francis, with verbal insults and a death threat. Endres hurled epithets at Francis, who is African American, using the N-word on numerous occasions and at one point saying, "I ought to kill you." Francis reported these incidents both to the police and to the landlord. The police ultimately arrested Endres for aggravated harassment. Despite three certified letters from Francis complaining of racial harassment and reporting slurs by Andres against Jewish people, landlord took no action against Endres until January 2013, when Endres moved out at the expiration of his lease. Endres subsequently pleaded guilty in state court to the harassment violation and the court issued an order of proration prohibiting him from contacting Francis.
This premium content is locked for New York Real Estate Law Reporter subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.