50 Cited authorities

  1. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 1,574 times   9 Legal Analyses
    Holding that disclosure of false information about housing availability was sufficient injury to confer standing under the Fair Housing Act, even where plaintiff "may have approached the real estate agent fully expecting that he would receive false information, and without any intention of buying or renting a home"
  2. Alexander v. Choate

    469 U.S. 287 (1985)   Cited 1,006 times   1 Legal Analyses
    Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"
  3. Loeffler v. Staten Island Univ. Hosp

    582 F.3d 268 (2d Cir. 2009)   Cited 564 times   2 Legal Analyses
    Holding that “intentional discrimination may be inferred when a policymaker acted with at least deliberate indifference to the strong likelihood that a violation of federally protected rights will result from the implementation of the challenged policy or custom” (internal quotation marks and alterations omitted)
  4. Matter of Howard v. Wyman

    28 N.Y.2d 434 (N.Y. 1971)   Cited 804 times
    In Matter of Howard v Wyman (28 N.Y.2d 434, 438), we remarked that "[i]t is well settled that the construction given statutes and regulations by the agency responsible for their administration, if not irrational or unreasonable, should be upheld [citations omitted] `* * * The administrative determination is to be accepted by the courts "if it has `warrant in the record' and a reasonable basis in law.
  5. McElwee v. Cnty. of Orange

    700 F.3d 635 (2d Cir. 2012)   Cited 205 times
    Granting summary judgment to a defendant employer because the defendant provided evidence that the plaintiff was terminated due to sexually harassing and other "disturbing" behaviors, even if those behaviors were related to the plaintiff's autism spectrum disorder
  6. Schorr v. New York

    2008 N.Y. Slip Op. 2083 (N.Y. 2008)   Cited 92 times
    Holding that a city housing agency was not estopped from evicting a tenant who did not meet eligibility requirements by its purported acquiescence in his occupancy for several years
  7. E.F.S. Ventures v. Foster

    71 N.Y.2d 359 (N.Y. 1988)   Cited 136 times
    In Matter of E.F.S. Ventures Corp. v Foster (71 N.Y.2d 359), we recognized that the exercise of site plan approval powers requires "[a] large measure of discretion" (id., at 370).
  8. Logan v. Matveevskii

    57 F. Supp. 3d 234 (S.D.N.Y. 2014)   Cited 61 times
    Finding issue of fact as to whether defendant's offer of an apartment with three interior steps was sufficiently accessible to reasonably accommodate plaintiff and his mother
  9. Salute v. Stratford Greens Garden Apartments

    136 F.3d 293 (2d Cir. 1998)   Cited 101 times
    Holding that Section 8 plaintiffs could not require defendant landlord to accept Section 8 residents as an FHAA accommodation because it would not be an accommodation of their disability but rather their inability to pay rent without Section 8 funding
  10. In re of McFarlane

    9 A.D.3d 289 (N.Y. App. Div. 2004)   Cited 79 times
    Denying claims to succession rights because petitioners failed to apply for and obtain remaining family member status
  11. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 9,791 times   22 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims
  12. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 3,372 times   31 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”
  13. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 3,198 times   54 Legal Analyses
    Prohibiting discrimination in sale or rental of housing
  14. Section 5601 - Appeals to the court of appeals as of right

    N.Y. C.P.L.R. § 5601   Cited 2,302 times

    (a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, from an order of the appellate division which finally determines the action, where there is a dissent by at least two justices on a question of law in favor of the party taking such appeal. (b) Constitutional grounds. An appeal may be taken to the court of appeals as of right:

  15. Section 1437 - Declaration of policy and public housing agency organization

    42 U.S.C. § 1437   Cited 821 times   2 Legal Analyses
    Holding eviction proper where court convicted tenant of disorderly persons offenses
  16. Section 2 - Policy of state and purpose of chapter

    N.Y. Pub. Hous. Law § 2   Cited 24 times

    It is hereby declared that in certain areas of cities, towns and villages of the state there exist insanitary and substandard housing conditions owing to overcrowding and concentration of the population, improper planning, excessive land coverage, lack of proper light, air and space, insanitary design and arrangement, or lack of proper sanitary facilities; that these conditions are chiefly in areas where low rent dwellings prevail and that such conditions and dwellings are a menace to the health

  17. § 966.4 Lease requirements

    24 C.F.R. § 966.4   Cited 324 times
    Recognizing that the PHA may consider all circumstances of a particular case or may decide to act in a way that excludes only the culpable household member
  18. § 960.202 Tenant selection policies

    24 C.F.R. § 960.202   Cited 25 times

    (a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants. (2) These policies shall provide for and include the following: (i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section. (ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903). (iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have

  19. § 960.203 Standards for PHA tenant selection criteria

    24 C.F.R. § 960.203   Cited 18 times

    (a) The tenant selection criteria to be established and information to be considered shall be reasonably related to individual attributes and behavior of an applicant and shall not be related to those which may be imputed to a particular group or category of persons of which an applicant may be a member. The PHA may use local preferences, as provided in § 960.206. (b) Under the Public Housing Assessment System (PHAS), PHAs that have adopted policies, implemented procedures and can document that they

  20. § 960.257 Family income and composition: Annual and interim reexaminations

    24 C.F.R. § 960.257   Cited 13 times

    (a) When PHA is required to conduct reexamination. (1) For families who pay an income-based rent, the PHA must conduct a reexamination of family income and composition at least annually and must make appropriate adjustments in the rent after consultation with the family and upon verification of the information. (2) For families who choose flat rents, the PHA must conduct a reexamination of family composition at least annually, and must conduct a reexamination of family income at least once every

  21. § 960.201 Eligibility

    24 C.F.R. § 960.201   Cited 13 times

    (a) Who is eligible? (1) Basic eligibility. An applicant must meet all eligibility requirements in order to receive housing assistance. At a minimum, the applicant must be a family, as defined in § 5.403 of this title, and must be income-eligible, as described in this section. Such eligible applicants include single persons. (2) Low income limit. No family other than a low income family is eligible for admission to a PHA's public housing program. (b) Income used for eligibility and targeting. Family

  22. § 960.259 Family information and verification

    24 C.F.R. § 960.259   Cited 7 times

    (a) Family obligation to supply information. (1) The family must supply any information that the PHA or HUD determines is necessary in administration of the public housing program, including submission of required evidence of citizenship or eligible immigration status (as provided by part 5, subpart E of this title). “Information” includes any requested certification, release or other documentation. (2) The family must supply any information requested by the PHA or HUD for use in a regularly scheduled