On February 21, 2018, the law firm of Emery Celli Brinckerhoff & Abady (ECBA) filed suit in federal district court on behalf of Alfred Spooner and the Fair Housing Justice Center (FHJC) alleging disability and source of income discrimination against Goldfarb Properties—a managing agent of over 6,000 apartments throughout New York City and its surrounding suburbs.
The lawsuit challenges Goldfarb’s practice of imposing a minimum annual income requirement on low-income, disabled, housing applicants like Mr. Spooner who use state-funded vouchers to pay the majority of their rent. After Mr. Spooner’s rental application was rejected, the FHJC sent testers posing as potential renters with rental subsidies and vouchers to the defendant’s properties to inquire about the availability of apartments. The tests revealed that Goldfarb categorically turned away these applicants even though they had the means to pay the full rent because they did not make forty-three times the rent in income—a practical impossibility for any person eligible for a disability-and-income-based voucher. The plaintiffs are represented by ECBA attorneys Diane L. Houk and David Berman.
Following ECBA’s victory in federal district court on behalf of clients the City Club of New York, Barry Diller (the billionaire backer) pulled his support for “Pier 55,” a proposed island performance venue in the Hudson River in Manhattan. This victory ensures the preservation of the estuarine sanctuary of the Hudson River as the legislature intended. The controversy could have been avoided if the Hudson River Park Trust had been candid with the Legislature and the public and done a full participatory environmental review. When an agency flouts the law by cutting corners, public-spirited citizens can and should be able to get justice in court. The real lesson of Diller Island is that the Hudson River Park Trust—like every agency that stewards precious public resources—should rededicate itself to core principles of openness, transparency, and conservation. The decision to end the project was covered by the New York Times and New York Daily News, among others.
ECBA lawyers Richard Emery, Elizabeth Saylor, Doug Lieb, and David Berman represent the City Club, as well as the other petitioners. Read more about ECBA’s work on this project here, here, and here.