The Fair Housing Justice Center, Inc. (FHJC) has filed a lawsuit against CW Realty Group, LLC and several associated entities alleging that four newly developed rental buildings in Brooklyn fail to comply with federal, state, and city accessibility laws, making them inaccessible to individuals with physical disabilities.
According to the complaint, FHJC conducted testing at four properties developed by CW Realty: the Vertex, Kent House, Casa Dumbo, and 1499 Bedford Avenue. These buildings are marketed as offering luxurious living spaces with various amenities; however, FHJC's investigations revealed numerous accessibility violations. For instance, thresholds were found to be too high without beveling, doorways were narrower than required for wheelchair access, and controls such as light switches and thermostats were placed out of reach for individuals using wheelchairs. Additionally, agents representing these properties reportedly informed testers that tenants would need to bear the cost of installing necessary accessibility features like grab bars—a requirement contrary to New York City Human Rights Law.
The FHJC argues that these failures not only violate the Fair Housing Act but also breach New York State Human Rights Law and New York City Human Rights Law. These laws mandate that multi-family dwellings constructed after March 13, 1991, must include specific design features to ensure accessibility for people with disabilities. Despite these legal requirements being in place for decades, FHJC claims that developers like CW Realty continue to disregard them.
The plaintiff is requesting a declaration that the defendants' practices are discriminatory under applicable housing laws and an injunction requiring the defendants to retrofit existing buildings and modify future construction plans to meet accessibility standards. Furthermore, FHJC demands compensatory damages for the resources expended in addressing these violations and punitive damages to deter future non-compliance.
Representing FHJC are attorneys Alison Frick from Kaufman Lieb Lebowitz & Frick LLP and Diane L. Houk from Emery Celli Brinckerhoff Abady Ward & Maazel LLP. The case was filed in the United States District Court for the Eastern District of New York under Case ID No. 25 Civ. 978.