State Commission for Human Rights v. Kennelly

The appellants are alleged to have discriminated against the complainant, a Negro, in violation of the Law Against Discrimination (Executive Law, art. 15 [specifically § 296, subd. 5, par. [a], els. (1), (2)]), in the rental of a 9-room duplex apartment located on the second and third floors of the appellants’ three-apartment dwelling, which apartment the appellants had advertised as being available for rental. They primarily claim that (a) the complainant has nine children and is on public welfare and is therefore an undesirable tenant, irrespective of her race, creed, color or national…