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Co-ops and Condominiums
Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act
Fair Housing Justice Center, Inc. v 203 Jay St. Associates, LLC, 2022 WL 3100557, U.S. Dist. Ct, EDNY (Garaufis, J.)
In an action by a nonprofit organization contending that a condominium developer and its architect violated the Fair Housing Act by designing apartments inaccessible to persons with disability, the defendants moved to dismiss the complaint. The court denied the motion, holding that the organization had standing and that the complaint sufficiently alleged violation of the statute.
The nonprofit organization, devoted to equal access to housing opportunities, sent testers to see apartments in the building. The testers allegedly found heavy doors at the building's entrance, narrow interior doors in the apartments, narrow kitchens, bathrooms with one-inch beveled thresholds, and insufficient clear floor space in some bathrooms. The organization then brought this action alleging discrimination against persons with disabilities in violation of the Fair Housing Act. The developer and the architect moved to dismiss, contending that the organization lacked standing and that the complaint failed to state a claim because no one with a disability had attempted to rent or buy any of the units.
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