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ECBA Sues on Behalf of Community Organization and the Municipal Art Society to Halt Construction of Mega-Tower On Gerrymandered Zoning Lot

On April 25, 2018, ECBA filed a lawsuit on behalf of the Committee for Environmentally Sound Development and the Municipal Art Society of New York seeking to halt the unlawful construction of a 668-foot residential mega-tower at 200 Amsterdam Avenue which, if completed, would be grossly out-of-character with the neighborhood and cast long shadows. The lawsuit alleges that the zoning lot upon which the mega-tower would sit—the only justification for the tower’s height—was cobbled together using partial tax lots, in violation of the New York City Zoning Resolution.

On May 14, 2018, plaintiffs secured their first legal victory in the case, obtaining a Stipulation and Order from the Court preventing the developer from using its continued construction efforts to argue that its rights have “vested” – that is, that construction has progressed to the point that the project can no longer be halted. The developer continues work now at its own peril while the New York City Board of Standards and Appeals decides the pending administrative appeal.

The plaintiffs are represented by ECBA attorneys Richard D. Emery, Katherine Rosenfeld, and Ashok Chandran. A copy of the complaint is available here, and Politico’s coverage of the dispute can be found here.

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ECBA Sues Facebook for Discriminatory Housing Advertising

On March 27, 2018, the law firm of Emery Celli Brinckerhoff & Abady (“ECBA”) filed suit in federal district court against Facebook, Inc. on behalf of the National Fair Housing Alliance (NFHA) and three of its member organizations alleging that Facebook’s advertising platform enables landlords and real estate brokers to exclude families with children, women, and other protected classes of people from receiving housing ads.  The lawsuit alleges that Facebook has created pre-populated lists that make it possible for its housing advertisers to “exclude” (in Facebook terminology) home seekers from viewing or receiving rental or sales ads because of protected characteristics, including family status and sex.

Plaintiffs—NFHA, New York City-based Fair Housing Justice Center (“FHJC”), Miami-based Housing Opportunities Project for Excellence, Inc. (“HOPE”), and the Fair Housing Council of Greater San Antonio (“FHCGSA”)—created a non-existent realty firm and then prepared dozens of housing advertisements that they submitted to Facebook for review.  Facebook provided Plaintiffs with specific lists of groups they could exclude from receiving the ads, including families with children, moms with children of certain ages, women or men, and other categories based on sex or family status. The investigations also revealed that Facebook provides housing advertisers with the ability to exclude certain “interest” categories from receiving ads that are disability-based (e.g., people who are interested in disabled veterans or disabled parking permits) or national origin-based (e.g., people who are interested in English as a second language).

The Complaint alleges that these practices violate the Fair Housing Act and New York City Human Rights Law and seeks declaratory and injunctive relief declaring Facebook’s conduct illegal and requiring Facebook to change its advertising platform and practices to comply with fair housing laws.  The plaintiffs are represented by ECBA attorneys Diane L. Houk, Katherine Rosenfeld, and David Berman

Read the full complaint here.

For more information, read coverage from the New York Times, New York Daily News, Curbed, and New York Law Journal

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16 Years After First ECBA Class Action, Mayor and City Council Agree to Close Rikers Island

Sixteen years after ECBA filed its first class action alleging a pattern and practice of  brutality and poor training, discipline, and investigations of corrections officers at Rikers Island, Mayor De Blasio and the City Council have agreed to shut down Rikers Island once and for all.  In 2001, ECBA filed the original lawsuit, Ingles v. Toro, with co-counsel Legal Aid Society and Sullivan & Cromwell. The case settled in 2003, but the settlement failed to reduce use of force by corrections officers on Rikers Island. As a result, in 2011, ECBA filed a new class action, Nunez v. City of New York, with co-counsel Legal Aid Society and Ropes & Gray, again alleging a pattern and practice of brutality and cover-ups by corrections officers at Rikers Island. Nunez, and a parallel Department of Justice lawsuit, settled in 2015, resulting in thousands of new cameras, a federal monitor, and other sweeping reforms at Rikers. The case also brought to light the fundamental inhumanity and unfairness of the entire institution.

ECBA lawyers involved in the Rikers cases include Jonathan Abady, Ilann M. Maazel, Katherine Rosenfeld, Debra Greenberger, Zoe Salzman, and Vasudha Talla.

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