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In the Matter of Jonas Aponte, Respondent,v.Shola Olatoye,, et al., Appellants.

Brief

49 Cited authorities

  1. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,025 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage

  2. Alexander v. Choate

    469 U.S. 287 (1985)   Cited 1,233 times   3 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 706 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. McElwee v. Cnty. of Orange

    700 F.3d 635 (2d Cir. 2012)   Cited 332 times   1 Legal Analyses
    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

  5. Matter of Howard v. Wyman

    28 N.Y.2d 434 (N.Y. 1971)   Cited 822 times
    Holding that the "interpretation given a statute by the administering agency 'if not irrational or unreasonable, should be upheld'"

  6. Logan v. Matveevskii

    57 F. Supp. 3d 234 (S.D.N.Y. 2014)   Cited 99 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

  7. Schorr v. New York

    2008 N.Y. Slip Op. 2083 (N.Y. 2008)   Cited 97 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

  8. Salute v. Stratford Greens Garden Apartments

    136 F.3d 293 (2d Cir. 1998)   Cited 121 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

  9. Sinisgallo v. Town of Islip Hous. Auth.

    865 F. Supp. 2d 307 (E.D.N.Y. 2012)   Cited 70 times
    Holding that because the plaintiffs' "ability to litigate their federal disability claims in the state court eviction proceeding [was] 'more theoretical than real,' and . . . the state court [was] unlikely to hear their federal disability claims," the Anti-Injunction Act and the Younger abstention doctrine did not prevent a federal district court from enjoining a state-court eviction proceeding

  10. E.F.S. Ventures v. Foster

    71 N.Y.2d 359 (N.Y. 1988)   Cited 142 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).

  11. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,308 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  12. Section 296 - [Effective 11/16/2024] Unlawful discriminatory practices

    N.Y. Exec. Law § 296   Cited 4,871 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.

  13. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,072 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  14. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 3,991 times   44 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”

  15. Section 5601 - Appeals to the court of appeals as of right

    N.Y. CPLR 5601   Cited 2,357 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:

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

    42 U.S.C. § 1437   Cited 863 times   5 Legal Analyses
    Holding eviction proper where court convicted tenant of disorderly persons offenses

  17. Section 2 - Policy of state and purpose of chapter

    N.Y. Pub. Hous. Law § 2   Cited 27 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

  18. Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act

    29 C.F.R. § 1630 app to Part 1630   Cited 859 times   8 Legal Analyses
    Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact

  19. Section 966.4 - Lease requirements

    24 C.F.R. § 966.4   Cited 348 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

  20. Section 960.202 - Tenant selection policies

    24 C.F.R. § 960.202   Cited 27 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

  21. Section 960.203 - Standards for PHA tenant selection criteria

    24 C.F.R. § 960.203   Cited 20 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