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§ 290

Citation
§ 290
Parent Document
Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2021)
Effective Date
2021-03-25
Original Source
https://www.courtlistener.com/opinion/4867798/francis-v-kings-park-manor-inc/ ↗

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Our holding should also be of special interest to those concerned with the
evolution of surveillance by state actors or by those purporting to act at their
direction. See Note 44, ante (warning against broad liability schemes that would
encourage landlords to act as law enforcement).
       48  Long before the FHA was enacted, “[i]n 1939, the State of New York
banned discrimination in publicly owned housing based upon a tenant’s ‘race,
creed, color or national origin.’” Michael H. Schill, Local Enforcement of Laws
Prohibiting Discrimination in Housing: the New York City Human Rights Commission,
23 Fordham Urb. L.J. 991, 1006 (1996) (citation omitted). In 1943, the New York City
Council outlawed discrimination in any housing benefitting from tax exemptions,
id. at 1006, and in 1955, the Commission on Intergroup Relations (the predecessor
to the New York City Human Rights Commission) was founded, id. at 1005,
beginning “its life primarily dedicated to promoting open housing for New York’s
racial and ethnic minorities,” id. at 991. In 1957, the City Council enacted the
nation’s first law prohibiting discrimination in the private housing market: the Fair
Housing Practices Law (“FHPL”). Id. at 991-92. This pathbreaking law aimed “to
outlaw discrimination in housing based upon racial or ethnic characteristics,” with
“acts against black and Hispanic homebuyers and renters” of particular concern.
Id. at 992. In 1961, the City Council amended the FHPL to ban discriminatory
lending practices and discriminatory advertising, as well as to narrow previous
exemptions. Id. at 1009.