University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Sierra v. City of New York FH-NY-0009
Docket / Court 07-6769 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
On July 26, 2007, a woman residing in a rooming unit with her children, both under the age of 16, filed a lawsuit under Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, and New York state law against the City of New York in the United States District Court, Southern District of New ... read more >
On July 26, 2007, a woman residing in a rooming unit with her children, both under the age of 16, filed a lawsuit under Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, and New York state law against the City of New York in the United States District Court, Southern District of New York. The plaintiff, represented by public interest attorneys, asked the court for injunctive, declaratory, and monetary relief, claiming that a provision of the New York City Housing Maintenance Code (HMC section 27-2076) which prohibited children between the ages of one and sixteen from residing in single residence occupancy units discriminated on the basis of familial status.

On October 1, 2008, the court (Jed S. Rakoff) held that the City had carried its burden of demonstrating that HMC section 27-2076 furthered legitimate government interests in the health, safety, and welfare of children that could not be achieved through other alternatives and that it did not violate the Fair Housing Act. The plaintiff's requests for injunctive, declaratory, and monetary relief were denied. This case is closed.

Gregory Pitt - 08/01/2012


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Issues and Causes of Action
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Issues
Defendant-type
Multi-family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Family discrimination
General
Disparate Treatment
Housing
Plaintiff Type
Private Plaintiff
Causes of Action State law
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. ยงยง 3601 et seq.
Defendant(s) City of New York
Plaintiff Description Woman living in rooming unit with two children
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

  The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:07−cv−06769 (S.D.N.Y.) 10/06/2008
FH-NY-0009-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Preliminary and Permanent Injunction 07/26/2007
FH-NY-0009-0001 PDF | External Link | Detail
Document Source: Plaintiffs' counsel
Memorandum 01/02/2008 (528 F.Supp.2d 465) (S.D.N.Y.)
FH-NY-0009-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Order 03/03/2008 (535 F.Supp.2d 448) (S.D.N.Y.)
FH-NY-0009-0002 PDF | WESTLAW| LEXIS | External Link | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Order 05/13/2008 (552 F.Supp.2d 428) (S.D.N.Y.)
FH-NY-0009-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 10/01/2008 (579 F.Supp.2d 543) (N.D.N.Y.)
FH-NY-0009-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rakoff, Jed Saul (S.D.N.Y.)
FH-NY-0009-0002 | FH-NY-0009-0003 | FH-NY-0009-0004 | FH-NY-0009-0005 | FH-NY-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Annexstein, Leslie T. (New York)
FH-NY-0009-0001 | FH-NY-0009-9000
Doherty, Molly (New York)
FH-NY-0009-0001 | FH-NY-0009-9000
Sanghvi, Ami T. (New York)
FH-NY-0009-0001 | FH-NY-0009-9000
Weithman, Martha (New York)
FH-NY-0009-0001 | FH-NY-0009-9000
Defendant's Lawyers Denenberg, Seth Evan (New York)
FH-NY-0009-9000
Horowitz, Jerald (New York)
FH-NY-0009-9000
Hui, Jacqueline (New York)
FH-NY-0009-9000
Other Lawyers None on record

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