CASE HIGHLIGHTS

Type of Discrimination
        Race or National Origin
        Disability
        Sex, Sexual Orientation & Gender Identity
        Family Status
        Source of Income

Race or National Origin

Dawn White v. Article 7th Trust U/W/O Henry Porretta et al. (E.D.N.Y.)
In June 2011, Ms. Dawn White, an African American woman, twice attempted, with the assistance of real estate agents, to rent an advertised apartment in Floral Park for herself and her 13 year old daughter.  Each time, she alleges she was denied the apartment.  Ms. White complained to the FHJC and the FHJC conducted a testing investigation.  The FHJC also assisted Ms. White to obtain legal representation.  On September 27, 2011, Ms. White filed a federal lawsuit alleging that the owner and agents discriminated against her based on her race and family status.   The lawsuit names as defendants the owner of the two-unit building, Article 7th Trust U/W/O Henry Porretta d/b/a Frances Porretta Family Limited Partnership, Douglas Elliman LLC d/b/a Prudential Douglas Elliman and Cynthia Porretta, who the suit alleges was acting as an agent for the owner and in her capacity as a licensed real estate agent who works for Prudential Douglas Elliman.  In her lawsuit, Ms. White is seeking compensatory and punitive damages, injunctive relief, and attorney’s fees and costs. The plaintiff is represented by Attorney Amanda Masters with the law firm of Giskan, Solotaroff, Anderson & Stewart LLP.   

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United States v. Loventhal Silver Riverdale LLC et al. (S.D.N.Y.)
In 2009, the FHJC conducted a testing investigation in the Bronx at the request of the United States Attorney for the Southern District of New York.  The results of this testing investigation were provided to the U.S. Attorney’s Office.  On September 26, 2011, that office filed suit against Loventhal Silver Riverdale LLC, Goodman Management Company, and Jesus Velasco.  The complaint alleges that the owners and managers of a 72-unit rental building located in the Riverdale area of the Bronx engaged in a pattern or practice of discrimination based on race and color. The complaint alleges that the defendants misrepresented the availability of apartments, quoted higher prices, failed to provide rental applications, and failed to show apartments to African American testers while similarly situated white testers were told about apartments, shown apartments, provided application, and quoted lower prices.  In the lawsuit, the government is seeking monetary damages, a civil penalty, and injunctive relief.
 
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United States v. Pearl River Gardens, LLC (S.D.N.Y.)
The FHJC conducted a testing investigation in Rockland County at the request of the United States Attorney for the Southern District of New York.  The results of this testing investigation were provided to the U.S. Attorney’s Office.  On March 10, 2011, that office filed suit against Pearl River Gardens, LLC, alleging that the owner of a residential apartment complex in Pearl River, New York was engaged in a pattern and practice of racial discrimination. The complaint alleges that the defendant misrepresented the availability of apartments and failed to show apartments to African American testers while similarly situated white testers were told about and shown available apartments.  On June 15, 2011, the case was settled by consent decree. In the decree, Pearl River Gardens admitted to discriminating against prospective renters on the basis of race or color. The defendants also agreed to undertake fair housing training, develop a non-discriminatory policy, maintain records of compliance with fair housing laws, and pay a civil penalty.

Read the Complaint

Read the Consent Decree

Fair Housing Justice Center v. Town of Yorktown (S.D.N.Y.)
The Fair Housing Justice Center, Inc. (FHJC) conducted an investigation into the operation of a federally funded Section 8 Housing Voucher Program by the Town of Yorktown, a predominately white community in northern Westchester County.  On December 15, 2010, the FHJC filed a federal lawsuit alleging that the Town of Yorktown is administering a residency preference system that discriminates on the basis of race and national origin and that the program has been discouraging African American and Latino families from even applying to the program.  The lawsuit also alleges that the Town has failed to meet its obligation to “affirmatively further fair housing” as a recipient of federal funds and has, instead applied a discriminatory residency preference and taken other steps to limit the availability and supply of affordable housing.  The FHJC asserts that by restricting the housing choices available to lower-income minority families, the Town is reinforcing existing patterns of racial and economic segregation. The suit seeks an injunction to stop the discrimination, relief to prevent future discriminatory acts, compensatory and punitive damages, and attorneys’ fees and costs.  The FHJC is represented by Diane L. Houk and Zoe Salzman with the law firm of Emery Celli Brinckerhoff & Abady, LLP.

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United States v. Burgundy Gardens, LLC (S.D.N.Y.)
The FHJC conducted a testing investigation in Rockland County at the request of the United States Attorney for the Southern District of New York.  The results of this testing investigation were provided to the U.S. Attorney’s Office.  On December 6, 2010, that office filed suit against Burgundy Gardens, LLC, alleging that the owners of a 96-unit apartment complex in Valley Cottage, New York were engaged in a pattern or practice of racial discrimination. The complaint alleges that the defendant misrepresented the availability of apartments, quoted higher prices, and failed to show apartments to African American testers while similarly situated white testers were told about apartments, shown apartments, and quoted lower prices.  In the lawsuit, the government is seeking monetary damages, a civil penalty and injunctive relief. 

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Fair Housing Justice Center, Inc. v. 1777 Management Co. LLC, et al.
In 2009, the Fair Housing Justice Center (FHJC) conducted a testing investigation into the rental practices at 1777 Ocean Parkway, an apartment building located in Brooklyn, New York. Based on this investigation, FHJC filed a federal lawsuit in May 2010 against the owner and managers of the building alleging race and national origin discrimination in violation of the federal Fair Housing Act, state and local human rights laws.  The complaint alleged the building’s owner had a policy of renting only to Russians and in furtherance of this policy, African American and Latino testers were lied to about the availability of apartments for rent.  In February 2010, the parties settled the case. The defendants agreed to pay $100,000 dollars in damages, undergo fair housing training, modify their rental policies, and publicly advertise all units available for rent in the building.   FHJC was represented in this matter by the law firm of Emery Celli Brinckerhoff & Abady LLP.

Read the Complaint

Read the Final Settlement Agreement

Fair Housing Justice Center et al. v. Silver Beach Gardens Corporation et al (S.D.N.Y.)
In 2009, the Fair Housing Justice Center (FHJC) conducted a testing investigation into the sales practices of Amelia Lewis, a real estate broker, and two housing cooperatives in the Throgs Neck area of the Bronx.  Silver Beach Gardens and Edgewater Park are housing cooperatives comprised of over 1100 single-family homes.  While approximately 35% of the owner-occupied homes in the Bronx are occupied by African American households, less than 1% of the homes in the two co-ops are believed to be occupied by African Americans.  Both cooperatives require prospective buyers to obtain three recommendation letters from current co-op owners.

On February 4, 2010, the FHJC filed a lawsuit alleging that Amelia Lewis, who has been selling homes in the two co-ops for 45 years, refused to provide information about or show any available homes for sale in the co-ops to an African American couple.  The complaint alleges that the broker told the African American couple that she could guarantee they would not be happy in the two neighborhood co-ops because the residents are “prejudiced” and it is like “Archie Bunker territory.”  The African American couple also was allegedly told that since they did not know any current co-op owners, there was no point in showing them any houses for sale in the co-ops.  Instead, the broker allegedly steered the African American testers to a single family home that was in disrepair, above their price range, and located in a racially mixed area of the Bronx.  The complaint alleges that the same broker provided information and arranged for a white tester to view nine houses for sale in the co-ops.  The white couple, who also did not know any current co-op owners, was allegedly told by the broker that they would have no problem obtaining reference letters from three existing owners, including the seller, without meeting the seller and with the broker’s assistance.

FHJC has settled with the Silver Beach Gardens Corporation. The settlement ends the three shareholder reference requirement, requires additional injunctive relief, and provides a monetary recovery of $115,000 for the FHJC.  Ms. Lewis has also settled and has agreed to pay damages to two African American testers and surrender her real estate license. The FHJC and two African American testers who are the plaintiffs in this case are represented by the law firm of Emery Celli Brinckerhoff & Abady LLP.

Read the Complaint

Read Judge Patterson's Decision Denying Motions to Dismiss

Read Final Settlement Agreement

FHJC et al. v. Broadway Crescent Realty LLC et al. (S.D.N.Y.) 
In 2009, the Fair Housing Justice Center (FHJC) conducted a systemic testing investigation into the rental practices at a 72-unit apartment building located in Astoria (Queens), NY.  The two-month investigation consisted of sending four matched teams of African American and white testers to inquire about apartments at the Broadway Crescent Apartments located in Astoria (Queens), NY.  Each time, agents told African American testers that no apartments were available and no apartments were shown.  White testers who made identical housing requests were told about and, in most cases, shown available apartments.  On January 5, 2010, a federal lawsuit was filed alleging discrimination on the basis of race in violation of federal, state, and local fair housing laws.  The suit alleged that the building owner, Broadway Crescent Realty, Inc., building management company, M & N Management Corp., and their agents Louie Dodaj and his wife, were discriminating against prospective renters based on race.  On November 7, 2011, the court approved a settlement in which the defendants agreed to pay a total of $341,000 to the plaintiffs for damages to the four African American testers and the FHJC, attorneys’ fees, and costs.  In addition, the four-year settlement agreement included injunctive relief which required defendants to provide fair housing training to their employees, adopt a non-discrimination policy to be signed by all employees, advertise all rentals using the phrase “Equal Housing Opportunity,” place the HUD poster in their office and all rental buildings, and comply with local, state, and federal fair housing laws.   The defendants also agreed to maintain rental records for Broadway Crescent and rental advertisements for all M & N buildings.  The FHJC and four African American testers were represented by Emery Celli Brinckerhoff & Abady LLP.

Read the Complaint

Motion to Dismiss filed by Agent’s Spouse Denied

Read the Final Settlement Agreement

Vargas, et al. v. Town of Smithtown (E.D.N.Y.)
On December 13, 2007, a class action lawsuit on behalf of Black and Latino individuals who have applied for Section 8 housing vouchers was filed in federal court against the Town of Smithtown, New York, a predominantly white suburb located on Long Island in Suffolk County.  The lawsuit alleges that the town’s use of residency as a preference in allocating vouchers discriminates on the basis of race, color, and national origin in violation of the Equal Protection Clause of the Constitution, the Fair Housing Act, and other civil rights laws.  The plaintiff class is represented by individual pro bono attorneys and the Lawyers’ Committee for Civil Rights under Law. 

On August 28, 2009, a federal judge approved a ten-year consent order that requires Smithtown to 1) restore class members to their original place on the Town's 2002 and 2006 waiting listings; 2) provide housing vouchers as they become available to each eligible class member; and 3) implement new policies for the future operation of the Town's Section 8 housing voucher program. In addition, Smithtown has created a $925,000 compensation fund for class members that includes $200,000 for attorney's fees and costs.

Read the Class Action Complaint

Read the Consent Order

Read the Final Judgment

Todd v. Jack Potak Real Estate, Jack Potak, Robert Stia, 2569 Ocean Avenue Realty LLC, Nicholas Cammarato, et al. (E.D.N.Y.)
In 2007, Natali Todd, an African American woman, attempted to purchase a newly constructed luxury condominium apartment in the Sheepshead Bay neighborhood of Brooklyn.  Despite offering the asking price, and later, an amount above the asking price for an apartment, Ms. Todd’s offers were allegedly refused by the broker and the builder.  The FHJC conducted a testing investigation after receiving a complaint from Ms. Todd.  On February 5, 2009, a federal lawsuit was filed by Attorney Mariann Wang of the law firm of Emery, Celli, Brinckerhoff & Abady on behalf of Ms. Todd alleging discrimination based on race in violation of federal, state and local fair housing laws. In 2009, the parties filed a confidential settlement agreement with the court resolving the case. 
 
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Lee v. Bais Seller Realty & Construction, Inc, et al. (E.D.N.Y.) 
In 2007, Vanessa Lee, an African American woman who was looking for an apartment to rent in Brooklyn, called Bais Seller Realty & Construction in Brooklyn, New York in response to a rental advertisement.  Allegedly, when Ms. Lee called the company she was first told an apartment was available, was then asked if she was Jewish, and after she said that she was not, was told that the apartment was not available for her to rent.  Ms. Lee also alleges that when she subsequently went to Bais, she was informed that no one was available to show her apartments.  Several hours after Ms. Lee’s visit, the FHJC sent a white female tester to the same office and she was told about and shown available apartments. FHJC also sent four matched pairs of African American and white testers to Bais to inquire about apartments for rent.  On each occasion, the African American tester allegedly was denied service by Bais while the white tester who visited the same office on the same day was allegedly informed about and/or shown available apartments.  On June 26, 2008, a federal lawsuit was filed alleging discrimination on the basis of race, color, and religion in violation of federal, state, and local fair housing laws.  Ms. Lee is represented by Emery Celli Brinckerhoff & Abady LLP.

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Lubin v. Max Shalom, Steven Apuzzi LLC and 264 Realty LLC (E.D.N.Y.)
In May 2006, Frenette Lubin, a Haitian woman, responded to an online advertisement for an apartment in a 35-unit building in Bensonhurst, Brooklyn.  Real estate agent Max Shalom of Apuzzi Realty met Ms. Lubin to show her the apartment, but then allegedly failed to give her a rental application or to return her subsequent phone calls.  Within days after their meeting, the apartment was re-advertised with a lower rent listed.  The FHJC conducted a testing investigation.  On December 14, 2006, Ms. Lubin and the African American tester sent by the FHJC represented by Emery Celli Brinckerhoff & Abady LLP and Latham & Watkins LLP, filed a federal lawsuit alleging race, color and national origin discrimination.  The lawsuit was settled in November 2007 with consent orders that require the defendants to adopt a non-discrimination policy and distribute it to employees, agents, and current and prospective tenants; to provide employees with fair housing training; to prepare and maintain applicant and tenant records and permit plaintiffs’ counsel to inspect these records; and to pay both plaintiffs an undisclosed amount of money for damages, attorneys fees, and court costs.

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Brady v. Leon Goldstein d/b/a Slope Realty and 575 Third Street LLC (E.D.N.Y.)
In December 2006, Steven and Michelle Brady, an African American couple, filed a federal lawsuit against Slope Realty and the owner of a Brooklyn apartment building alleging race discrimination.  The Bradys alleged in their lawsuit that the defendants refused to process the Bradys’ application when they attempted to rent an apartment in the predominantly white neighborhood of Park Slope earlier in 2006.  FHJC conducted a testing investigation and helped the Bradys obtain pro bono legal representation from Latham & Watkins LLP.  The lawsuit was settled in July 2007 with a consent order approved by the Court that requires the defendants to comply with fair housing laws; to implement a nondiscrimination policy; to notify prospective tenants of their fair housing rights; to regularly prepare and maintain apartment availability records; and to pay the Bradys $20,000 in damages.

Read the Complaint

Read the Consent Order

ACORN v. Garden City and County of Nassau (E.D.N.Y.)
On May 12, 2005, Long Island ACORN and five individuals filed a federal fair housing lawsuit against the Village of Garden City and Nassau County.  The lawsuit alleges that, for racially discriminatory reasons, the Village and County rejected a rezoning proposal that would have permitted affordable multifamily housing to be built in Garden City, a predominantly white Long Island community.  Instead, the land was rezoned for development of upscale single-family homes or townhouses.  ACORN is represented by the Lawyers’ Committee for Civil Rights Under Law and the individual plaintiffs are represented pro bono by Hogan & Hartson, LLP.

Read the Complaint

Read Judge Bianco's Decision Denying Motion To Dismiss

Sciammetta v. Gallo  (E.D.N.Y.)
Joseph Sciammetta lived with his family in their Bensonhurst, Brooklyn apartment without incident for almost a year, but when African American and Latino guests came to visit, the apartment owner, Franca Aguaya Gallo, allegedly made threats and used racial epithets, physically intimidated the family, and started eviction proceedings.  On October 21, 2005, represented by pro bono attorneys at Latham & Watkins, LLP, Mr. Sciammetta filed a federal lawsuit and obtained a temporary restraining order to stop the eviction and alleged racial harassment.  Ultimately, Mr. Sciammetta obtained a consent order requiring that the defendants permit his family to keep their apartment, provide nine months’ free rent, make certain repairs, and comply with fair housing laws.

Read the Complaint

ACORN v. Garden City and County of Nassau (E.D.N.Y.)
On May 12, 2005, Long Island ACORN and five individuals filed a federal fair housing lawsuit against the Village of Garden City and Nassau County.  The lawsuit alleges that, for racially discriminatory reasons, the Village and County rejected a rezoning proposal that would have permitted affordable multifamily housing to be built in Garden City, a predominantly white Long Island community.  Instead, the land was rezoned for development of upscale single-family homes or townhouses.  ACORN is represented by the Lawyers’ Committee for Civil Rights Under Law and the individual plaintiffs are represented pro bono by Hogan & Hartson, LLP.

Read the Complaint

Read Judge Bianco's Decision Denying Motion To Dismiss

Disability

United States v.  Larkspur, LLC et al. (S.D.N.Y.)
In 2006, the FHJC conducted a testing investigation of recently constructed Manhattan apartment buildings to determine whether they were designed and constructed in compliance with the accessibility requirements of the Fair Housing Act.  The results of the investigation were referred to the United States Attorney for the Southern District of New York.  On September 9, 2011, that office filed a federal lawsuit against the owners and manager, Larkspur LLC and Larkspur Managers LLC along with the architects, Larsen Shein Ginsberg Snyder LLP, alleging unlawful discrimination against people with disabilities in the design and construction of The Larkspur. The Complaint alleged that the 116-unit rental building features public areas that are not usable by people with disabilities, apartments that lack accessible routes into and through the dwellings, environmental controls that are not in accessible locations, and inaccessible kitchens and bathrooms.  On October 5, 2011, a settlement was reached which requires the developer to make extensive retrofits to the housing to make it accessible, establishes a $60,000 fund to compensate victims, and requires payment of a $35,000 civil penalty to the United States.

Read the Complaint

Read the Settlement

Short and FHJC v. Manhattan Apartments et al. (S.D.N.Y.)
Keith Short is a formerly homeless man living with AIDS who contacted several real estate firms about renting an apartment.  When Mr. Short explained to agents for each company that he was disabled and had a rental subsidy from the HIV/AIDS Services Administration (HASA) that would pay his rent, the agents refused to work with him or restricted his access to rental listings.  The FHJC conducted a testing investigation which confirmed the discriminatory conduct which included refusing to show apartments, segregating listings based on source of income, and telling prospective renters that landlords will not rent to disabled people who do not work and to renters with HASA housing subsidies.  On August 26, 2011, the Fair Housing Justice Center and Mr. Short filed a federal lawsuit against four New York real estate companies and a landlord for disability and source of income discrimination.  The defendants, Manhattan Apartments, Abba Realty Associates, Askarinam Realty, Soni Realty, collectively control access to thousands of rental units in New York City.  The plaintiffs are seeking compensatory and punitive damages and an order requiring the companies to implement non-discrimination policies and procedures and employee training to ensure compliance with local and federal fair housing laws.  The plaintiffs are represented by Armen H. Merjian, Senior Staff Attorney at Housing Works, and Diane L. Houk with the law firm of Emery Celli Brinckerhoff & Abady, LLP. 
 
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Delores and Charles Earley v. Michael Arey, Brian Newman and 1 Convent Realty, LLC
Delores and Charles Earley, an elderly couple with disabilities, have sued their landlord to compel him to make a necessary and reasonable modification to their apartment.   In order to safely use their bathtub, the Earleys require the installation of grab bars, but their landlord, 1 Convent Realty, LLC, has repeatedly refused to pay for the grab bars.  The Earleys have filed a lawsuit in New York State Court under the New York City Human Rights Law which requires landlords to pay for a reasonable accommodation or modification provided that the modification is not an undue financial burden.  The lawsuit seeks to compel the landlord to make the modification requested, for compensatory and punitive damages, and for attorney’s fees. The Earleys are represented by Koert Wehberg of New York Lawyers for the Public Interest.

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Demick v. 293 Irving Place LLC et al (E.D.N.Y.)
Jeremy Demick is visually impaired and currently derives his income from Social Security Disability (SSD).  Mr. Demick attempted to rent a room in a Brooklyn apartment building.   Upon learning that Mr. Demick had a disability and income from SSD, an agent for the owners of the property informed him that the owners wanted “normal” income and that it would be “futile” for him to apply because the owners do not accept any type of “programs.”  The FHJC assisted Mr. Demick by conducting a testing investigation in response to his complaint and by making an attorney referral.  The suit seeks an injunction to stop the discrimination, relief to prevent future discriminatory acts, compensatory and punitive damages, and attorneys’ fees and costs. Mr. Demick is represented by Amanda Masters and Robert L. Herbst with the law firm of Giskan Solotaroff Anderson & Stewart LLP.

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United States v. L&M 93rd Street LLC and Costas Kondylis & Partners, LLP (S.D.N.Y.)
In 2006, the FHJC conducted a testing investigation of recently constructed Manhattan apartment buildings to determine whether they were designed and constructed in compliance with the accessibility requirements of the Fair Housing Act.  The results of the investigation were referred to the United States Attorney for the Southern District of New York.  On September 30, 2010, that office filed a federal lawsuit against the developer, L&M 93rd Street LLC, and the architects, Costas Kondylis & Partners, LLP, alleging unlawful discrimination against people with disabilities in the design and construction of The Melar. The Complaint alleged that the 143-unit rental building features public areas that are not usable by people with disabilities, apartments that lack accessible routes into and through the dwellings, environmental controls that are not in accessible locations, and inaccessible kitchens and bathrooms.  In July 2011, a settlement was reached which requires the developer to retrofit the housing to make it accessible and includes a total monetary recovery of $548,300.  The settlement established a $180,000 victim fund, created a $288,300 accessibility fund and required both the developer and the architect to pay a $40,000 civil penalty to the United States.

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Read the Final Settlement with the Developer

Read the Final Settlement with the Architect

Friedman v. Goodman Management Co., Inc. et al. (S.D.N.Y. 2010)
In 2008, Adele Friedman, a woman with a disability who uses a wheelchair, was interested in purchasing an apartment in the Riverdale neighborhood of the Bronx.  She hired an architect to prepare plans for physical modifications that needed to be made to the apartment, which she submitted with her application to purchase.  Despite having an accepted offer from the seller and otherwise being qualified to purchase the apartment, the condominium association and management company summarily notified Ms. Friedman that her application and plans for reasonable physical modifications were denied.  Ms. Friedman contacted the Fair Housing Justice Center (FHJC) for assistance.  FHJC conducted an investigation and referred Ms. Friedman to an FHJC cooperating attorney.  On May 14, 2010, Ms. Friedman filed a federal lawsuit against the association, Highpoint-on-the-Hudson Owners, Inc., and its management company, Goodman Management Company, Inc., alleging that they discriminated against her on the basis of disability in violation of federal, state, and local fair housing laws.  Ms. Friedman settled her claim against the owners and the management company for a large housing cooperative in the Riverdale section of the Bronx for $37,500.  Ms. Friedman is represented pro bono by Latham and Watkins LLP. 

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Read the Final Settelement Agreement

Cales and FHJC v. New Castle Hill Realty et al (S.D.N.Y.)
During 2008 and 2009, New York City real estate agents repeatedly refused to show apartments to Damian Cales, a homeless man with disabilities, income from SSI, and a Fixed Income Advantage Voucher (FIAV) when they learned that he did not work and received disability-related benefits.  In July 2009, Mr. Cales turned to the FHJC for help.  The FHJC assisted Mr. Cales with his housing search and conducted a testing investigation.  On April 23, 2010, a lawsuit was filed in federal court alleging disability and source of income discrimination in violation of local, state, and federal fair housing laws.  The lawsuit named, as defendants, ten real estate companies, a landlord, and the licensed real estate agents who were contacted during the investigation.  The lawsuit seeks an injunction to stop the discrimination against Mr. Cales and prevent future discrimination against other renters with disabilities; compensatory and punitive damages; and attorneys' fees and costs.  Mr. Cales is represented by Tara Crean and Leslie Annexstein of the Urban Justice Center.  The FHJC is represented by Diane L. Houk and Elizabeth S. Saylor with the law firm of Emery Celli Brinckerhoff & Abady LLP.

Read the Complaint

Read Judge Batts’ Decision Denying Motion to Dismiss

King v. Meir Weiss and 2129 Cortelyou Road LLC (E.D.N.Y.)
In 2007, Farhondo King, a deaf man, was looking for an apartment to rent in Brooklyn with the assistance of Housing Works, a local non-profit housing organization.  During his search, Mr. King and a Housing Works case manager met with Meir Weiss to inquire about renting an apartment.  Allegedly, Mr. Weiss told Mr. King he did not want to rent to him because he was deaf.  FHJC conducted a testing investigation after receiving a complaint from Mr. King.  On July 25, 2008, a federal lawsuit was filed alleging discrimination on the basis of disability in violation of federal, state, and local fair housing laws.  Mr. King was represented pro bono by Freidman Kaplan Seiler & Adelman LLP. In 2009, the parties reached  a settlement that included injunctive relief and $7,500 in damages.

Read the Complaint

United States v. CVP 1, Downtown Manhattan Residential, Chrystie Venture Partners, Avalon Bay Communities, and SLCE Architects (S.D.N.Y.)
In 2006, the FHJC conducted a testing investigation of recently constructed Manhattan apartment buildings to determine whether they were designed and constructed in compliance with the accessibility requirements of the Fair Housing Act.  The results of the investigation were referred to the United States Attorney for the Southern District of New York.  On August 13, 2008, that office filed a federal lawsuit against Avalon Bay Communities and SLCE Architects alleging unlawful discrimination against people with disabilities in the design and construction of Avalon Chrystie Place. The Complaint alleges that the 361-unit building features public areas that are not accessible to people with disabilities, apartments that lack accessible routes into and through the dwellings, bathroom walls that lack reinforcements for grab bar installation, and inaccessible kitchens and bathrooms. In October, 2010, a settlement was reached which covers seven Avalon Bay properties containing 2,557 rental units in New York City and provides a fund for victims, a civil penalty, a fund for accessibility improvements, together totaling more than $2.2 million.

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Read the Consent Decree

Hahn v. Domy Rooms and Rentasy (S.D.N.Y.)
In 2007, George Hahn, who has pulmonary disease and uses a wheelchair, was searching for an accessible apartment to rent. Mr. Hahn found internet postings for rooms to rent by Domy Rooms and Rentasy.   He alleges that when he called in response to the listings, he was told that he could not apply because he was not working and he received federal disability benefits.  Mr. Hahn filed a complaint with the FHJC, which conducted a testing investigation.  In October 2007, Mr. Hahn filed a federal lawsuit alleging that Domy Rooms and Rentasy had discriminated against him based on disability in violation of the federal Fair Housing Act and the New York State and New York City Human Rights Laws. A default judgment was entered against the defendents in January 2009 in the amount of $8,125. Mr. Hahn was represented pro bono by Latham & Watkins LLP.

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Sex, Sexual Orientation, & Gender Identity

Fair Housing Justice Center, Inc. v. BQE Media LLC et al
On April 4, 2011, FHJC filed an administrative complaint with the U.S. Department of Housing and Urban Development (HUD) alleging that the Queens and Brooklyn newspapers published by BQE Media LLC accepted and published classified rental advertisements which discriminated on the basis of familial status and sex.  Working on an anonymous tip, FHJC reviewed advertisements placed in BQE Media publications and found over seventy two discriminatory advertisements. The majority of these discriminatory advertisements were placed by a real estate company and a landlord who are also named in the complaint.  Imperato Agency, a Queens real estate company, repeatedly ran an advertisement stating “couple or single preferred” which FHJC alleges indicated a preference for one or two adults and discouraged families with children from applying for the apartment.  John and Paula McFadden repeatedly ran an advertisement which stated “mature couple or single woman preferred” which FHJC alleges discriminated against single men and families with children. 

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People of the State of New York v. Robert Berezin, Robert Lewis, et al. (New York County Supreme Court)
A female tenant of a Brooklyn apartment building contacted the FHJC in 2006 alleging that her landlord, Robert Berezin, sexually harassed her, including touching her inappropriately without her consent, visiting her apartment without notice and trying to enter without her consent, and retaliating against her by refusing to make necessary repairs when she objected to his behavior.  When the tenant complained to the building’s co-owner, Robert Lewis, she alleged that he failed to take any corrective action.  On February 20, 2007, represented by attorney Mariann Meier Wang of Emery Celli Brinckerhoff & Abady LLP, the tenant filed a sexual harassment lawsuit in state court against Berezin and Lewis alleging violations of federal, state and city fair housing laws.  In addition, with the assistance of the FHJC, the tenant filed a complaint with the Civil Rights Bureau of the New York State Attorney General’s Office, which conducted further factual investigation.  In February 2007, the State of New York filed a state court lawsuit alleging that Berezin sexually harassed numerous female tenants over a period of ten years. The Attorney General's lawsuit was settled in April 2008 with a court order requiring the owners to pay $105,000 in damages into a fund to compensate female tenants who had been harassed, to adopt nondiscrimination policies and train employees, and to maintain records and report to the Attorney General for four years. The order also enjoins Robert Berezin from having any contact with tenants and prohibits the remaining co-owners from employing Mr. Berezin in any capacity where he might come into contact with tenants. In 2009, the tenant who filed a seperate lawsuit reached a confidential settlement agreement with the defendants.

Read the NYAG Complaint

Dunlap and Smith v. Jerry Jacobs (S.D.N.Y.)
In April 2006, Jennifer Dunlap learned from friends that a room might be available to rent in a Manhattan apartment.  When she met with the landlord, garment store owner Jerry Jacobs, she alleges that Jacobs offered to rent a room in the apartment to her for free in exchange for sex.  Ms. Dunlap refused Jacobs’ overtures and did not rent a room from him.  Similarly, when Kathryn Smith was moving out of Jacobs’ apartment in 2005, she alleges that he offered to reduce the rent in exchange for sex.  Ms. Smith refused Jacobs’ proposal and moved out of the apartment.  On August 14, 2006, Ms. Dunlap and Ms. Smith, represented pro bono by Latham & Watkins LLP, filed a federal suit alleging that Jacobs engaged in quid pro quo sexual harassment in violation of the federal Fair Housing Act and the New York State Human Rights Law. The lawsuit was resolved in July 2007 with a confidential settlement agreement.

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Pritchett v. Rigney (E.D.N.Y.)
In August 2005, Elizabeth Pritchett rented a room in a brownstone in Fort Greene, Brooklyn from landlord James Joseph Rigney III, who also lived in the building.  After Ms. Pritchett moved in, she alleges that Rigney made inappropriate comments about her physical appearance, leered at her, invited her out to dinner, and entered her apartment without her consent in the middle of the night.  Ms. Pritchett also alleges that Rigney sent e-mails with sexual comments about Ms. Pritchett to the building’s other tenants and threatened to evict her.  In May 2006, Ms. Pritchett, represented pro bono by Paul, Weiss, Rifkind, Wharton & Garrison LLP, filed a federal lawsuit alleging that Rigney had created a sexually hostile housing environment in violation of the Fair Housing Act and the New York State Human Rights Law.  In August 2006, the Court entered a consent decree ordering Rigney to refrain from future physical or verbal harassment or threats, and to pay Ms. Pritchett $17,500 in damages.

Read the Complaint

Read the Consent Order

Family Status

Dawn White v. Article 7th Trust U/W/O Henry Porretta et al. (E.D.N.Y.)
In June 2011, Ms. Dawn White, an African American woman, twice attempted, with the assistance of real estate agents, to rent an advertised apartment in Floral Park for herself and her 13 year old daughter.  Each time, she alleges she was denied the apartment.  Ms. White complained to the FHJC and the FHJC conducted a testing investigation.  The FHJC also assisted Ms. White to obtain legal representation.  On September 27, 2011, Ms. White filed a federal lawsuit alleging that the owner and agents discriminated against her based on her race and family status.   The lawsuit names as defendants the owner of the two-unit building, Article 7th Trust U/W/O Henry Porretta d/b/a Frances Porretta Family Limited Partnership, Douglas Elliman LLC d/b/a Prudential Douglas Elliman and Cynthia Porretta, who the suit alleges was acting as an agent for the owner and in her capacity as a licensed real estate agent who works for Prudential Douglas Elliman.  In her lawsuit, Ms. White is seeking compensatory and punitive damages, injunctive relief, and attorney’s fees and costs. The plaintiff is represented by Attorney Amanda Masters with the law firm of Giskan, Solotaroff, Anderson & Stewart LLP.   

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Melissa and Stephen Fajardo v. Henri Pinsker et al. (EDNY)
On May 23, 2011, Melissa and Stephen Fajardo, a married couple with children, filed a lawsuit in federal court alleging that a real estate broker and landlord discriminated against them because they have children.  The complaint alleges that, on April 4, 2011, the Fajardos responded to an advertisement on www.craigslist.org for a two bedroom apartment in Brooklyn and that defendant Henri Pinsker, a licensed real estate broker for Windsor Homes Realty Corp., told them the owner did not want to rent to families with children.  A subsequent testing investigation conducted by the Fair Housing Justice Center (FHJC) corroborated the complaint of family status discrimination. On April 6th, the same real estate broker, Henri Pinsker, informed an FHJC tester, posing as a married household with children, that the owner would not rent to them because they have children and stated "He's not going to do that, I can tell you that right off the bat.  He's trying to avoid kids." On September 2, 2011, the case was resolved and the Fajardos received monetary relief in the amount of $10,000 from the broker and the owner of the advertised property.  The Fajardos were represented by the Law Offices of Eric Dinnocenzo.

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Fair Housing Justice Center, Inc. v. BQE Media LLC et al
On April 4, 2011, FHJC filed an administrative complaint with the U.S. Department of Housing and Urban Development (HUD) alleging that the Queens and Brooklyn newspapers published by BQE Media LLC accepted and published classified rental advertisements which discriminated on the basis of familial status and sex.  Working on an anonymous tip, FHJC reviewed advertisements placed in BQE Media publications and found over seventy two discriminatory advertisements. The majority of these discriminatory advertisements were placed by a real estate company and a landlord who are also named in the complaint.  Imperato Agency, a Queens real estate company, repeatedly ran an advertisement stating “couple or single preferred” which FHJC alleges indicated a preference for one or two adults and discouraged families with children from applying for the apartment.  John and Paula McFadden repeatedly ran an advertisement which stated “mature couple or single woman preferred” which FHJC alleges discriminated against single men and families with children. 

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Katz & Nocera et al. v. Brown Harris Stevens Brooklyn, LLC, Brian Lehner, Miya Signor, and Aileen Truesdale (E.D.N.Y.)
In 2006 and 2007, Jamie Katz and his wife, Lisa Nocera, contacted agents with the real estate firm of Brown Harris Stevens on three different occasions to inquire about apartments listed for rent in Brooklyn, New York.  Allegedly they were not permitted to view the available apartments or were discouraged from renting the apartments because they were expecting and then had a child.  The FHJC conducted a testing investigation after receiving a complaint from the Katz/Nocera family.  On April 25, 2008, a federal lawsuit was filed on behalf of the Katz/Nocera family alleging family status discrimination in violation of federal, state, and local fair housing laws.  The plaintiffs were represented by Emery Celli Brinckerhoff & Abady LLP. In 2009, the parties filed a confidential consent decree with the court resolving the case.

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Intranuovo v. Oelkers (Queens County Supreme Court)
The Intranuovo family was searching for housing in January 2006 and responded to an advertisement for an apartment in Queens, New York.  When Mr. Intranuovo told the landlord that he had children, the landlord allegedly told him that he would not rent to families with children.  Testing conducted by the FHJC confirmed that the owners were refusing to rent their three-bedroom apartment to families.  On August 4, 2006, the Intranuovos, represented pro bono by Latham & Watkins LLP, filed a lawsuit in state court alleging family status discrimination pursuant to the New York City Human Rights Law. The lawsuit was settled in 2008 with payment of $4,900 in damages to the plaintiffs.

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Source of Income