The Legal Aid Society filed this amicus brief on behalf of the Coalition for the Homeless, Tenants & Neighbors, and Unlock NYC, in a case of first impression regarding whether the New York City Human Rights Law (NYCHRL) imposes vicarious liability on owners of housing accommodations for the discriminatory conduct of their real estate brokers. Vicarious liability rules are foundational in fair housing law, as they “increase the costs [to landlords] of using brokers who discriminate, and thereby potentially reduce such discrimination.” Cabrera v. Jakabovitz, 24 F.3d 372, 388 (2d Cir. 1994). The landlord-defendants sought to turn this principle on its head and undermine the City’s fair housing laws, arguing that the NYCHRL extended liability only to the employers of these bad brokers, and not to the owners of the housing accommodations they represented.

In January 2025, the Appellate Division, First Department agreed with our position, and ruled that landlords may be held vicariously liable for the discriminatory conduct of their real estate brokers under the NYCHRL. The decision quoted extensively from our amicus brief.