DEFENDANTS “FAIL TO RECOGNIZE ACCESSIBLE HOUSING IS A RIGHT, NOT A CHOICE”
The Fair Housing Justice Center (FHJC) announced today it has filed a disability discrimination lawsuit against President Lofts LLC and S. Wieder Architect PC, the owner and architect of Prospect Pointe, a 55-unit apartment building located at 1042 President Street, Brooklyn built in 2023. An FHJC tester who uses a wheelchair is a co-plaintiff.
The complaint stems from an FHJC investigation launched in 2023 which revealed numerous accessibility barriers at the building, including
- outdoor areas such as shared roof spaces that are only accessible by stairs
- unit balconies that are only accessible by a step
- inaccessible thresholds
- bathrooms that lacked clear floor space for maneuverability
- hard-to-open garbage chutes
- light switches that were installed too high
The investigation found the barriers were still in place in 2025, according to the complaint, which alleges violations of the federal Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law.
In addition to monetary damages, the new lawsuit seeks injunctive relief to end the discrimination, retrofits to correct the inaccessible features, fair housing training for defendants and their agents and employees, and other remedial action to ensure future compliance with fair housing accessibility requirements. The complaint was filed in the Eastern District of New York on August 15, 2025 and can be read HERE.
“Accessibility laws aren’t just about numbers and measurements,” said FHJC Legal Director David Berman. “They are about real people whose right to fully use and enjoy their homes is being denied by owners, builders, and architects who continuously flout the law.”
Attorney David John Hommel stated, “Fair housing laws have been on the books for decades, and the design and construction of new housing must welcome all potential residents. Inaccessible housing reinvokes a history of exclusion, affecting untold New Yorkers and even one of the FHJC’s own testers. This complaint sends a clear signal that architects and developers cannot cut corners and must follow their obligations under the law.”
The Plaintiffs are represented by Mr. Hommel, Reyna Lubin, and Andrew Rozynski with Eisenberg & Baum, LLP.
The mission of the FHJC, a nonprofit civil rights organization, is to eliminate housing discrimination, promote policies and programs that foster open, accessible, and inclusive communities, and strengthen enforcement of fair housing laws in the New York City region.