Olsen v. Stark Holmes, Inc., No. 13-247 (2d Cir. 2014)Annotate this Case
Plaintiffs filed suit against defendants under the Fair Housing Act (FHA), 42 U.S.C. 3604(f), and New York State Human Rights Law, N.Y. Exec. Law 296(5) and (18)(2). Plaintiffs alleged that defendants denied their application for a lease because of the disability of their son, who suffers from major depression, and that they were denied reasonable accommodation for his condition. On appeal, plaintiffs principally contend that the district court erred in dismissing their claims as a matter of law and that it should have granted judgment as a matter of law in favor of plaintiffs on their reasonable accommodation claim. The court concluded that the district court properly declined to grant judgment as a matter of law in favor of plaintiffs on the reasonable accommodation claim, but that, as to all of plaintiffs' claims, the evidence was sufficient to preclude the granting of judgment in favor of defendants as a matter of law. Accordingly, the court vacated the judgment and remanded for trial.