Monday, November 25, 2013

Poff v. Caro case brief

Poff v. Caro case brief summary
549 A.2d 900 (N.J. Super. Ct. Law Div. 1987)


CASE SYNOPSIS
Plaintiff New Jersey Division of Civil Rights sought a preliminary injunction against defendant landlord to prevent defendant from renting an apartment while a complaint was pending against him for refusing to rent to three homosexual males.

CASE FACTS
Plaintiff New Jersey Division of Civil Rights contended that a preliminary injunction was needed to prevent defendant landlord from renting an apartment while a complaint was pending for refusing to rent to three homosexual men. The defendant had refused to rent to the men because he feared they would get AIDS and spread it to his family, who lived in the same building.

DISCUSSION

  • The court determined that under the Law Against Discrimination, N.J. Stat. Ann. § 10:5-1 et seq., those with AIDS were considered handicapped and protected by the statute as well as those who were perceived as likely to get AIDS. 
  • Because plaintiff had made strong prima facie case of discrimination and because there was a local housing shortage, the court granted a preliminary injunction to prevent irreparable harm to the men. 
  • However, the court conditioned the injunction on the men tendering a deposit and directed that the case be expedited to ameliorate the harm to defendant.

CONCLUSION
The court granted the preliminary injunction requested by plaintiff New Jersey Division of Civil Rights because there was a strong case of discrimination against defendant landlord for refusing to rent an apartment to homosexual men, who he feared would get AIDS.

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