Summary
In State Division of Human Rights v. AOS Realty Corp., 36 App. Div. 2 d 970, 321 NYS2d 475 (1971), it was held that a Division order to the effect that persons referred by the Suffolk County Human Relations Commission were to be given preference in housing by the party found guilty of discrimination was, in a like manner, in conflict with the policy of the state.
Summary of this case from Sterling v. Klamath Forest Pro. AssnOpinion
May 17, 1971
Proceeding pursuant to section 298 Exec. of the Executive Law to enforce an order of the State Human Rights Appeal Board, dated June 11, 1970, which modified and affirmed as modified an order of the State Division of Human Rights, dated November 6, 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 Suffolk County Human Relations Commission, 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; Matter of State Div. of Human Rights v. Glick, 35 A.D.2d 738; 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., Gulotta, Christ, Brennan and Benjamin, JJ., concur.