Matter of Clifton Park Apartments v. New York State Division of Human Rights

Summary

The Court held that a threat of litigation can satisfy the adverse‑action element of a retaliation claim under the New York Human Rights Law, and that the Division of Human Rights erred by shifting the burden of proving protected activity to the landlord. Accordingly, the Court reversed the Appellate Division’s judgment and remanded for further proceedings on the first element of the claim.