Published July, 2009

Prometheus Realty v. City of New York, Supreme Court of the State of New York, County of New York, Part 5, No. 11113208 (2009)

In 2009, the NY Supreme Court upheld the validity of New York's Tenant Protection Act, which prohibits landlords from using force or making threats, including repeated or prolonged interruptions of essential services, intended to disturb a lawful occupant's residence. Property owners and the City's largest landlord group had filed a lawsuit claiming, among other things, that the TPA violated the state and federal constitution. Fortunately, the landlords lost. While this law is not specific to HIV-positive or LGBT individuals, similar law may exist in other cities around the country and could be used to protect tenants who are being harassed by their landlords and given threats of eviction because of their sexual orientation and/or gender identity.