NYC DEVELOPERS AND ARCHITECTS CONTINUE TO DISREGARD ACCESSIBLE DESIGN REQUIREMENTS
The Fair Housing Justice Center (FHJC) announced today that it has filed a new federal lawsuit alleging disability discrimination at three Brooklyn properties: 1233-1237 Eastern Parkway in Crown Heights, and 50 Clarkson Avenue and 45 Lenox Road in Flatbush.
The named Defendants are property developer Blue Jay Management LLC, architecture firms Studio Gallos LLC and ND Architecture & Design PC, and building owners 50 Clarkson Partners LLC, 45 Lenox Partners LLC, and 1233 EPW LLC. Together, the newly constructed buildings comprise 195 apartment units.
“Brooklyn’s boom in new building should offer modern, fully accessible homes for all residents,” said FHJC Legal Director David Berman. “Instead, architects and developers continue to build new properties without regard for fair housing laws, illegally discriminating against disabled New Yorkers in the process.”
A months-long FHJC investigation of the properties uncovered numerous barriers and obstacles for tenants and prospective tenants with mobility disabilities, including:
- private balconies and shared courtyards, garages, gyms, and lounges that are only accessible by steps or unbeveled thresholds
- interior apartment doorways that are too narrow
- mailboxes that are higher than the allowed maximum height
- unreachable electrical outlets and thermostats
- garbage chutes that are unusable for individuals with limited hand strength or dexterity
- common areas with insufficient maneuvering space
The complaint alleges multiple violations of the federal Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law. It was filed August 24, 2026, in the Eastern District of New York and can be read in full HERE.
“Accessibility is not an afterthought,” stated attorney David John Hommel. “This lawsuit makes clear that accessible housing must be taken seriously from the very beginning of the design process. Cutting corners limits the housing stock for New Yorkers and reinforces barriers that should have been left in the past.”
The FHJC is represented by Mr. Hommel and Andrew Rozynski with Eisenberg & Baum, LLP.
In addition to monetary damages, the lawsuit seeks injunctive relief to end the discrimination (including notifying individuals with disabilities of their right to reasonable accommodation, reasonable modification, and fair housing practices), 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 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.