Opinion
October 26, 1970
Proceeding pursuant to section 298 Exec. of the Executive Law to enforce an order of the State Human Rights Appeal Board, dated April 2, 1970, which modified and affirmed as modified an order of the State Division of Human Rights, dated September 2, 1969, finding respondents guilty of racial discrimination in housing. Petition granted to the extent that (1) the order of the Appeal Board is modified, on the law, by adding thereto a provision that the order of the Division of Human Rights is further modified by striking therefrom the last two sentences of subdivision (c) of the second decretal paragraph and (2) respondents are directed to comply with the order of the Appeal Board as modified herein, without costs. We find that the last two sentences of subdivision (c) of the second decretal paragraph of the division's order, which grant a preference to those persons who shall be referred by the Ossining Opportunity Center, are in conflict with the State's public policy to assure every individual an "equal opportunity" in respect of housing (Executive Law, § 290, subd. 3; Malcolm Cornell, Inc. v. State Div. of Human Rights, 35 A.D.2d 730; Matter of Miles v. New York State Div. of Human Rights, 35 A.D.2d 673; Alden House v. State Div. of Human Rights, 35 A.D.2d 563; Center Mgt. Co. v. State Div. of Human Rights, 34 A.D.2d 637. Hopkins, Acting P.J., Latham, Kleinfeld and Brennan, JJ., concur. Benjamin, J., concurs under the constraint of the decisions cited herein.