NY Times Story A Reminder That Housing Discrimination Against Attorneys May Be OK In Some Cases In NY

In a recent New York Times article on a husband and wife attorney team who sued their neighbor who lived across the hall from them in a New York City cooperative apartment building because of second hand smoke that was allegedly wafting into their apartment, the article provides a word of caution to attorneys in New York when seeking approval to buy/occupy an apartment in a condo or co-op apartment building who have no qualms about suing their neighbors:

• Anthony vanEyck Miller, a vice president of Bellmarc Realty, says [co-op and condo] boards don’t mind lawyers, but he warns buyers about using the word “litigator” on applications. “It is almost pejorative in the context,” he said. “It is not quite as bad as terrorist, but it makes people nervous.”

• Felicia de Chabris, a broker at Halstead Property’s Greenwich Village office, said that lawyers are usually approved, especially if they are helpful and show humility. But she pointed out that a pattern of past lawsuits could pose a problem, especially when suits have been filed against neighbors or co-ops or condo boards. “Sending a quick legal letter is one thing,” she said. “Actually litigating is not a good idea.”

• [While] a 1977 court decision upheld a landlord’s right to refuse to rent to a lawyer, the city’s human rights law was amended in 1986 to bar discrimination in housing on the basis of a lawful occupation. Co-op and condominium boards may, however, reject lawyers and other applicants based on specific actions — for instance, a pattern of filing lawsuits against neighbors.

For more, see Neighbor vs. Neighbor.