Buffalo, NY asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York

Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due to noise levels.

Today,One potential buyer came through, I have some qs about in what they said - is it legal ( will explain later) ?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive noise, are generally not considered discriminatory if they are applied consistently and fairly to all tenants, regardless of their protected characteristics (e.g., race, religion, disability, etc.).

As for the landlord's decision to sell the property due to potential legal fees, age, and the lawsuit, this is generally within their rights as a property owner. They are not obligated to continue renting the property if they wish to sell it, even if the sale is motivated by a desire to avoid legal issues or due to personal reasons like age.

Regarding the potential buyer's statement during the property viewing, it's difficult to assess the legality of their comments without more context. If you believe that the potential buyer made discriminatory or illegal statements, you may want to document the incident and consider seeking legal advice.

In summary, while the tenants may attempt to claim discrimination, the eviction warning alone may not be sufficient grounds for such a claim if it is based on a legitimate lease violation and applied fairly. The landlord's decision to sell the property is generally within their rights, but any potentially discriminatory statements made by the buyer should be examined more closely.

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