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ECBAWM Attorneys Reach Historic Settlement to Reform Facebook’s Housing Advertising Platform

On March 18, 2019 ECBAWM attorneys announced a $2,450,000 settlement for clients the National Fair Housing Alliance (“NFHA”), the Fair Housing Justice Center (“FHJC”), Housing Opportunities Project for Excellence, Inc. (“HOPE”), and the Fair Housing Council of Greater San Antonio (“FHCGSA”) to settle housing discrimination claims against Facebook, Inc. (“Facebook”). This agreement will implement far-reaching changes across Facebook’s advertising platform for housing, employment, and credit (“HEC”) advertising. In March 2018, ECBAWM filed suit in federal district court alleging that Facebook had created pre-populated lists making it possible for housing advertisers to “exclude” (in Facebook terminology) Facebook users from receiving rental, sales, or financing ads because of their race, national origin, sex, disability or family status.

The Facebook settlement sets a new benchmark for assuring that targeted advertising on social media complies with civil rights laws. Facebook will establish a separate advertising portal for creating HEC ads on Facebook and all Facebook-owned platforms, including Instagram and Messenger. On this new portal, HEC advertisers will not be able to target Facebook users (1) based on gender, age, or multi-cultural affinity; (2) by zip code as all HEC ads must have a minimum geographic radius of 15 miles from a specific address or from the center of a city; and (3) based on categories that describe or appear to relate to personal characteristics or classes protected under federal, state, and local fair housing laws, including, race, color, national origin, gender, age, religion, family status, disability, and sexual orientation.

In addition, Facebook will create a new page that will allow consumers to view all housing ads placed on the Facebook platform irrespective of whether the consumer was part of the advertisers’ targeted audience. NFHA will work with Facebook to develop an in-house fair housing training program for Facebook leadership and staff. Facebook will provide ECBAWM’s clients with $500,000 of in-kind advertising to promote fair housing on Facebook.

Finally, Facebook will pay $1.9 million in damages and attorneys’ fees, including to provide future training for housing advertisers on how to use social media in a manner consistent with fair housing laws and to create programming to promote fair housing using social media.

The Plaintiffs are represented by ECBAWM attorneys Diane L. Houk, Katherine Rosenfeld, and David Berman.

NFHA Press Release
“Facebook Halts Ad Targeting Cited in Bias Complaints,” New York Times
“Facebook agrees to overhaul targeted advertising system for job, housing and loan ads after discrimination complaints,” Washington Post
“Facebook Axes Age, Gender and Other Targeting for Some Sensitive Ads,” Wall Street Journal
“After Lawsuits, Facebook Announces Changes To Alleged Discriminatory Ad Targeting,” NPR

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Federal Court Issues Preliminary Injunction for ECBAWM Client Unlawfully Labeled as a Sex Offender

On January 11, 2019 the United States District Court for the Southern District of New York granted ECBAWM client Equan Yunus a preliminary injunction removing his unconstitutional designation as a sex offender. Although Mr. Yunus has never committed sexual misconduct, he had been forced to register as a sex offender under New York’s irrational and overbroad offender registration laws. Because of this designation, Mr. Yunus was subject to numerous overbearing parole conditions designed to deter sex offenses that bore no relation to his crime of conviction, including limitations on his ability to access a cell phone or computer and to interact with minor members of his own family.

While the New York Court of Appeals had upheld this law as rational years earlier in another case, the federal court agreed with Mr. Yunus and ECBAWM that this treatment as a sex offender violated his constitutional right to substantive due process. Mr. Yunus’s designation and its accompanying oppressive restrictions must be removed as a result of the Court’s ruling.

ECBAWM Attorneys Andrew G. Celli, Jr. and David Berman represent Mr. Yunus.

“‘There was a lot of shame’: meet the sex offender ‘who is not a sex offender’,”The Guardian
“US Judge Halts Imposition of Registration Requirement on Parolee With No Sex-Offense
Record,” New York Law Journal

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ECBAWM Files Article 78 Petition Against NYPD for Failure to Comply with City Law

On September 19, 2018, ECBAWM filed a Petition pursuant to Article 78 of the CPLR on behalf of New York City Council Member Rory I. Lancman, MTA Board Member David R. Jones, and the Community Service Society of New York (“CSSNY”) seeking an order to compel the New York City Police Department to comply with a New York City Law which requires it to post reports on its website regarding arrests made and civil summonses issued to individuals for fare evasion at each of the 472 subway stations in New York City.

After CSSNY issued a detailed report reflecting that the vast majority of arrests and summonses for subway fare evasion occur in poor African-American communities, Council Member Lancman introduced legislation requiring the Police Department to release quarterly reports detailing the number of arrests under New York Penal Law § 165.15 and summonses under MTA Rule of Conduct § 1050.4 that were issued for fare evasion at each subway station throughout New York City and to break down the data by various demographic criteria, such as the race, gender, and age range of each person arrested or summonsed. Council Member Lancman’s proposed bill was unanimously approved by the City Council and went into law as New York City Administrative Code § 14-172 in January 2018. Three required reporting periods have passed since the law’s enactment and the Police Department has brazenly refused to comply with its statutory obligation.

The Petitioners are represented by ECBAW\M attorneys Richard D. Emery and David Berman.

The lawsuit has been covered in the New York Times, New York Post, and New York Daily News.

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ECBAWM Sues Facebook for Discriminatory Housing Advertising

On March 27, 2018, the law firm of Emery Celli Brinckerhoff Abady Ward & Maazel (ECBAWM) 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 ECBAWM 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 the New York Law Journal.

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ECBAWM Sues Large NYC Property Manager for Disability and Source of Income Discrimination

On February 21, 2018, the law firm of Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM) 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 ECBAWM attorneys Diane L. Houk and David Berman.

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Billionaire Diller Drops Support for Pier 55 After ECBAWM Victory

Following ECBAWM’s victory in federal district court on behalf of its client 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.

ECBAWM lawyers Richard Emery, Elizabeth Saylor, Doug Lieb, and David Berman represent the City Club, as well as the other petitioners. Read more about ECBAWM’s work on this project here, here, and in the New York Times.

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