Opinion
September 28, 1970
Two proceedings pursuant to section 298 Exec. of the Executive Law to review an order of the State Human Rights Appeal Board, dated April 8, 1970, which modified and, as so modified, affirmed an order of the State Division of Human Rights dated October 24, 1969. Petition of the complainant, Brenda Miles, dismissed on the merits, without costs. Petition of Peninsula Apartments, Inc., and Lou Walters (the landlord and agent, respectively) granted to the extent that 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 subdivision (c) of the second decretal paragraph, which directed these two petitioners to take certain affirmative action. As so modified, order of the Appeal Board affirmed, without costs. In our opinion, there is substantial evidence in the record to support the Division's finding of discrimination and the $150 award of compensatory damages to the complainant, Miles (the Appeal Board reduced the award from $750 to $150). However, insofar as the landlord and rental agent are required by the order under review to take certain affirmative action to effectuate the purposes of the Human Rights Law (Executive Law, art. 15), we find that the provisions 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 Open Island, 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; 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). Christ, P.J., Rabin, Munder, Martuscello and Latham, JJ., concur.