Francis v. Kings Park Manor, Inc., No. 15-1823 (2d Cir. 2021)Annotate this Case
In this Fair Housing Act of 1968 case, plaintiff's claims stemmed from his neighbor's verbal attacks and attempted intimidation of plaintiff based on his race. The principal question presented to the en banc court is whether a plaintiff states a claim under the Act and parallel state statutes for intentional discrimination by alleging that his landlord failed to respond to reported race-based harassment by a fellow tenant.
The en banc court concluded that landlords cannot be presumed to have the degree of control over tenants that would be necessary to impose liability under the FHA for tenant-on-tenant misconduct. In this case, plaintiff failed to state a claim that the KPM Defendants intentionally discriminated against him on the basis of race in violation of the FHA, Sections 1981 and 1982, or the New York State Human Rights Law. Furthermore, plaintiff failed to state a claim of negligent infliction of emotional distress against the KPM Defendants under New York law.
This opinion or order relates to an opinion or order originally issued on March 4, 2019.