Over the next few months, landlords, real estate brokers, condominiums, and cooperatives (referred to as “housing providers” in this Alert) will likely face many issues and questions concerning their rights with respect to individuals directly or indirectly affected by Covid-19. We expect that, given the current landscape, state and federal courts will entertain emergency applications by tenants and residents based upon claims of Covid-19-related discrimination.

Currently, there are no known reported decisions addressing housing discrimination on the basis of Covid-19. Our review of existing anti-discrimination statutes, regulations and case law, including the Federal Fair Housing Act and the Federal regulations promulgated pursuant to that law, the Americans with Disabilities Act (which applies to government operated housing), the New York State Executive Law, and the New York City Administrative Code leads us to the following conclusions and assumptions. Further, many counties in New York State, such as Nassau County and Suffolk County, have their own anti-discrimination laws, and there is nothing precluding any government entity from amending its laws and regulations to more explicitly cover housing issues relating to Covid-19.