IS THE DHR UNSTOPPABLE?
When the New York State Division of Human Rights (DHR) went after an owner for disability discrimination, the latter sought to have the venue changed from the Bronx to Tompkins County, because that is where the rental properties in question were located.
After the Bronx County Supreme Court denied that request, the owner appealed to the Appellate Division, First Department, which left the outcome undisturbed.
While the owner argued that state law required transfers when a judgment would “effect the title to, or the possession, use or enjoyment of, real property,” [CPLR 507], the AD1 didn’t think those factors were triggered here, as the DHR was seeking “declaratory, injunctive and other relief” relating to the discriminatory rental practices, and that relief in DHR’S favor, would not “directly affect defendants’ ‘title to, or the possession, use or enjoyment of, real property.’”
Think that got a Bronx cheer?
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