On behalf of their clients the Fair Housing Justice Center (FHJC) and three African American testers, ECBA attorneys Diane L. Houk and Alanna Kaufman negotiated the largest settlement that FHJC has ever obtained in the private rental market for a race, color, and source of income discrimination case. The lawsuit, filed in the U.S. District Court for the Southern District of New York, alleged that Defendants Kosova Properties, Inc., Mulliner & Properties, Inc., Burr Properties LLC, Dardania Properties LLC, Nezaj Realty LLC, and Hamdi Nezaj were discriminating on the basis of race, color, and source of income. Kosova Properties manages nineteen buildings with more than 350 rental units in the Bronx and Manhattan.
The case settled for $620,000 plus extensive injunctive relief for FHJC, three African American testers, and one home-seeker represented by Mobilization for Justice.
A White Plains housing cooperative and rental management company have paid $125,000 to settle a housing discrimination case initiated by M. Forster, a 34-year old disabled man living in Westchester County, New York. Mr. Forster sought to purchase an apartment in a building owned by the coop and managed by the rental company using his special needs trust, but was told that ownership by trust was not permitted. The suit, filed by the U.S. Department of Justice, challenged the coop’s and management company’s refusal to grant Mr. Forster a reasonable accommodation. The settlement was covered by Westfair Online here, and a press release issued by the government can be found here.
In the first ever legal effort to challenge election results in multiple jurisdictions for a Presidential contest in the United States, ECBA is representing Jill Stein and her campaign in election integrity efforts and attempts to obtain recounts in three states: Michigan, Wisconsin, and Pennsylvania. Stein filed petitions for recount in Michigan and Wisconsin, and mobilized voters to seek recounts in Pennsylvania. ECBA has litigated various state and federal actions to pursue those recount requests. The most recent information and filings concerning the rapidly-changing developments in the three states are available here for Pennsylvania, here for Michigan, and here for Wisconsin.
On November 16, 2016, ECBA submitted an amicus curiae brief on behalf the Asian Americans Advancing Jusice ǀ AAJC and other civil rights and advocacy groups in Lee v. Tam, a first-amendment and trademark case pending before the Supreme Court.
Tam, the Respondent, is the leader of a band called, “The Slants”—a racially derisive term referring to Asian Americans. Tam has stated that his use of “The Slants” is an effort to reclaim that term. Nevertheless, his trademark application for the name was rejected under a section of the trademark law that prohibits registration of derogatory marks. The Supreme Court will consider whether that section is facially invalid under the Free Speech Clause of the First Amendment.
Though not submitted in support of either the Respondent or the Petitioner, the amicus curiae brief represents the interests of a coalition of groups whose constituents are harmed by the dissemination of racial slurs. The brief sheds light on the complicated nature of the inquiry before the Court, the free speech interests on both sides, and the power and difficulties of reclamation efforts. ECBA attorneys Daniel Kornstein and Alanna Small worked on the brief. You can read the brief here.