Endres even threatened Francis, saying “I oughta kill you, you fucking. at 2–4 (quotes have been altered to omit a racist slur and to avoid publication of oppressive language). Over several months, Endres called Francis a “fucking ,” a “fucking asshole,”a “fucking lazy, god-damn fucking ,” and he called out to Francis in the common areas or while Francis was within his own apartment with the door open. in Opposition to Defendants’ Motion to Dismiss Pursuant to Fed. By February 2012, Francis’s next-door neighbor Raymond Endres, a white man, began harassing him. 519, 545–47 (2015).īut Francis did not find the peace he sought. Id.-neatly aligned with the goals of the Fair Housing Act (FHA), which was passed for the express purpose of furthering racial integration. Kings Park was 79.7% owner-occupied and skewed much whiter and wealthier than New York as a whole. Census Bureau, /kingsparkcdpnewyork,NY/INC110219. QuickFacts: Kings Park CDP, New York New York, U.S. 2 Id.In many ways, Francis’s tenancy in Kings Park-a predominantly white community in which nearly eight out of ten residents owned their homes 3 As of 2019, Kings Park was 87.3% white and 1.1% Black. 2021).The quiet suburban community of Kings Park, New York, represented a change for Francis: he came there “in search of a better housing situation” after years of living in neighborhoods with higher crime rates. In 2010, Donahue Francis, a Black man, signed a rental lease agreement with Kings Park Manor (KPM). Part III argues that a negligence standard of liability best accounts for the special status of the home and the unique nature of the landlord-tenant relationship. Part II analyzes the standards of liability for tenant-on-tenant harassment that currently exist in the context of the FHA. Part I illustrates how the purpose and text of the FHA and analogous civil rights provisions suggest that a landlord should be held liable for her response to tenant-on-tenant harassment.
This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment.
#N.Y. SLUR SEEK ROOT OUT RACISM FULL#
While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market.
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