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Landlord Tenant Law Litigation

Landlord Not Liable for Harassment by Fellow Tenants

In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant’s claims against a landlord who failed to take action against a harassing tenant. 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.

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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.

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