Case Type

Other

Housing Type

Other

Court

City of New York Commission on Human Rights

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

OATH Index No. 2801/18

Petitioner

NYC COMMISSION ON HUMAN RIGHTS and HOLLY ONDAAN

Respondent

DIANNA LYSIUS

Judge

N/A (administrative agency decision)

Decision/Order Date

2020-11-24

Posture

Other

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this 2020 NYC Commission on Human Rights decision, the agency found the landlord unlawfully discriminated against the tenant by threatening to call ICE, in violation of the NYC Human Rights Law. The tenant was not precluded from bringing this claim despite related housing court litigation. The Commission awarded the tenant $28,000 in compensatory damages and ordered the landlord into a restorative justice process, with $12,000 in civil penalties for noncompliance.

Keywords

Threatening or Actually Calling ICE Constitutes Discrimination; No Claim Preclusion Despite Issue Raised in Housing Court; Damages Imposed; Restorative Justice Required

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