A federal lawsuit has been filed against a group of developers, designers, property owners, and architects, alleging they failed to adhere to multiple disability access laws during the construction of three apartment buildings in Brooklyn and Queens.

The suit, brought by the nonprofit Fair Housing Justice Center in the Eastern District of New York, claims violations of federal, New York State, and New York City Human Rights Laws.

Alleged Accessibility Failures in New Developments

Diane Houk, an attorney for the Fair Housing Justice Center, emphasized the daily impact of poor design. “How buildings are designed impacts people’s lives every day,” Houk stated. “If every day you’re living in a space where you can’t [function], that gnaws away at you.”

The three properties named in the litigation are The Northern and The Astor on Third II in Long Island City, and Bridgeview in DUMBO. The suit alleges that developers misrepresented compliance with accessibility standards when constructing these new buildings.

Specific Violations Cited

Houk described the accessibility violations found across the three properties as “strikingly common.” These issues reportedly hinder residents using wheelchairs or mobility scooters.

  • Doors and bathrooms were constructed too narrowly for easy passage or use.
  • Steps leading up to balconies and terraces were too high for accessibility.
  • Essential amenities, such as washing machines, dryers, light switches, and temperature controls, were placed out of reach for individuals using mobility devices.

The Fair Housing Justice Center uncovered these alleged illegal practices in 2024 through undercover inspections, posing as prospective tenants seeking to rent units.

History of Non-Compliance Allegations

Houk suggested that the developers have a pattern of ignoring accessibility standards. “They could have built to meet the accessibility standards that we’ve had for 30 years in this country, but they chose not to pay attention,” she asserted. “And they’ve chosen not to do it repeatedly in buildings before this case as well.”

This is not the first legal challenge involving these entities. There are ongoing accessibility lawsuits against affiliates of the Rabsky Group concerning other Brooklyn properties. Furthermore, a similar suit regarding accessibility violations at The Astor on Third I, a sister building, was recently settled.

Call for Stricter City Oversight

The Fair Housing Justice Center expressed concern over the current city oversight mechanism. Houk noted that the city currently permits developers to self-certify their compliance with accessibility requirements.

“Right now, the city allows developers to self-certify that they’re complying, and the Fair Housing Justice Center, particularly in the last 10 years, has just become very concerned that this self-certification process is not working,” Houk explained.

The nonprofit advocates for mandatory city inspections before a building opens to ensure adherence to accessibility codes. A request for comment regarding potential policy changes for inspections was not returned by a City Hall spokesperson.

Demands of the Lawsuit

The plaintiffs in Fair Housing Justice Center v. Developing New York State LLC et al are seeking significant remedies. They demand that the developers retrofit the three buildings to meet all current accessibility laws.

Additionally, the suit seeks monetary damages paid into the Fair Housing Justice Center’s fund. This fund is intended to finance improvements that bring apartments occupied by low and mid-income tenants up to code.