Robinson v. 12 Lofts Realty
United States Court of Appeals for the Second Circuit
610 F.2d 1032 (1979)
Paul Hanley was a tenant-stockholder in a cooperative-housing corporation called 12 Lofts Realty, Inc. (corporation) (defendant). Because Hanley owned stock in the corporation, he lived in a residential building owned by the corporation. Hanley agreed to sell a portion of his stock to a Black man named Bennett Robinson (plaintiff), thereby entitling Robinson to live in the building. The agreement was made conditional on the corporation’s approval of an application from Robinson. When Robinson submitted his application, the corporation established a screening policy requiring each applicant to provide a credit report, a résumé, and a recommendation from a former landlord. Robinson was required to comply with the policy. But the policy was not followed with respect to Donald Kuspit, a White applicant. Further, although Robinson’s credit report, résumé, and recommendation were deemed satisfactory, the corporation increased the minimum number of stockholder votes needed to approve an application. The corporation denied Robinson’s application after his application failed to receive the necessary votes. Subsequently, Robinson filed suit, contending that the corporation violated the Fair Housing Act (FHA) by denying him housing due to his race. Robinson sought an injunction requiring the corporation to approve his application. The district court denied injunctive relief. Robinson appealed.
Rule of Law
Holding and Reasoning (Kearse, J.)
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