CASE HIGHLIGHTS

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

Race or National Origin

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, a 76-unit apartment building located in Midwood (Brooklyn), New York. Based on this investigation, the FHJC filed a federal lawsuit on May 25, 2010 against the owner of the building, 1777 Management Co. LLC, and the building’s superintendent, wife and adult son alleging race and national origin discrimination in violation of the federal Fair Housing Act, New York State and City Human Rights Laws, and the New York State Civil Rights Law.  The complaint alleges that the building’s owner had a policy in 2009 of renting only to Russians.  Specifically, the complaint alleges that non-Russian white, African American, and Hispanic testers were told that no apartments were available to rent and then urged to seek apartments in buildings not owned or managed by the defendants.  Meanwhile, at the same time, a white female tester, who posed as being married to a Russian man and who spoke some Russian, was told that apartments were in fact available to rent and was encouraged to complete a rental application.  The lawsuit seeks injunctive relief, compensatory and punitive damages, and attorney’s fees and costs.  The FHJC is represented by the law firm of Emery Celli Brinckerhoff & Abady LLP.

Read the Complaint

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. 

The lawsuit alleges that the defendants discriminated on the basis of race in violation of federal, state and local fair housing laws.  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

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 alleges that the building owner, Broadway Crescent Realty, Inc., building management company, M & N Management Corp., and their agents Louie Dodaj and his wife, are discriminating against prospective renters based on race.  The FHJC and four African American testers are represented by Emery Celli Brinckerhoff & Abady LLP.

Read the Complaint

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. 
 
Read the Complaint

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.

Read the Complaint

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.

Read the Complaint

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

Disability

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.  The lawsuit seeks compensatory and punitive damages, injunctive relief, and attorneys’ fees and costs.  Ms. Friedman is represented pro bono by Latham and Watkins LLP.   

Read the Complaint

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

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. The lawsuit seeks an order requiring the defendants to retrofit the building, and enjoining them from constructing or designing future dwellings without necessary accessibility features, as well as monetary damages and a civil penalty.

Read the Complaint

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.

Read the Complaint

Sex, Sexual Orientation, & Gender Identity

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.

Read the Complaint

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

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.

Read the Complaint

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.

Read the Complaint

Source of Income