ECBAWM Files Federal Fair Housing Lawsuit Alleging Disability Discrimination in NYC Developments

  • March 31, 2026

Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM) has filed a federal lawsuit on behalf of the Fair Housing Justice Center, Inc. (FHJC), alleging that three newly constructed rental developments in Queens and Brooklyn — comprising more than 500 apartments — were designed and built in violation of federal, state, and city accessibility requirements.

The lawsuit focuses on developments in Astoria, Long Island City, and DUMBO, all of which are subject to longstanding accessibility standards under the federal Fair Housing Act and parallel New York laws. Those laws require that newly constructed multi-family housing include features such as accessible routes, sufficiently wide doorways, and usable kitchens and bathrooms for individuals with mobility impairments.

According to the complaint, testing conducted by FHJC in 2024 identified numerous alleged accessibility barriers, including narrow doorways, high thresholds, and inaccessible common areas that may limit access for individuals who use wheelchairs or other mobility aids. The suit seeks court-ordered retrofits, policy changes, damages, and ongoing monitoring.

“Many of the parties named in this lawsuit were previously sued by the FHJC for violating fair housing laws,” said FHJC Legal Director David Berman. “We are concerned about this pattern and hope this case sends the message that past settlements do not excuse present noncompliance.”

“By continuing to design and build multiple inaccessible apartment buildings, these Defendants are creating neighborhoods that are closed to New Yorkers with physical disabilities,” added ECBAWM Partner Diane L. Houk. “This lawsuit seeks to end these abuses and require Defendants to conform their business practices to the law.”

Press:
“New rental buildings in Brooklyn, Queens plagued with accessibility problems: lawsuit,” NY Daily News
“Brooklyn, Queens apartment developers broke disability access laws when building, suit claims,” amNY