United States Files Fair Housing Act Lawsuit Against Lettire Construction Corp. And Related Entities For Failure To Construct Apartments With Features Accessible To Persons[...]

Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced today that the U.S. has filed a federal Fair Housing Act ("FHA") lawsuit against LETTIRE CONSTRUCTION CORP. ("LETTIRE") relating to its failure to design and construct new apartment buildings to be accessible to persons with physical disabilities. The lawsuit also names other entities related to LETTIRE that participated in the design or construction of these residential complexes. Upon filing suit, the U.S. also submitted to the Court proposed consent decrees with LETTIRE, EAST 124^TH STREET LLC, and other entities related to LETTIRE which participated in the design and construction of such buildings. These settlements are subject to the review and approval of the U.S. District Judge assigned to the case.

Acting U.S. Attorney Edward Y. Kim said: "Today's filing is the 20th suit that this Office has brought to remedy the failure of real estate developers to comply with the Fair Housing Act. We appreciate Lettire's and East 124^th Street LLC's cooperation in taking responsibility for their actions so that more properties are rendered accessible to more people. This Office will remain vigilant in ensuring that developers, construction managers, and architects comply with the FHA and remedy inaccessible housing in this District."

The FHA's accessible design and construction provisions require multifamily housing complexes constructed after January 1991 to have basic features accessible to persons with disabilities.

According to the allegations in the Complaint:

The inaccessible conditions at buildings that LETTIRE constructed include excessively high thresholds at building entrances and entrances to common use areas, and bathrooms in individual apartments that lack sufficient clear floor space for people who use wheelchairs. These features in the common use areas of buildings that LETTIRE constructed, as well as in the buildings' apartment interiors, did not meet the standards set forth in the Fair Housing Act.

The Complaint identifies inaccessible conditions at the following three properties:

• The Tapestry, at 245 East 124^th Street in Manhattan. In addition to LETTIRE, the Complaint names as defendants LETTIRE 124^th STREET LLC as a co-developer of the Tapestry, and EAST 124^th STREET LLC (with whom, as noted above, the Government has reached an agreement subject to Court approval) as the owner and managing member of the Tapestry.
• Chestnut Commons, at 3269 Atlantic Avenue in Brooklyn. In addition to LETTIRE, the Complaint names as defendants UBC CHESTNUT COMMONS LLC as a co-developer of Chestnut Commons, CHESTNUT COMMONS HOUSING DEVELOPMENT FUND CORP. as the owner of Chestnut Commons, and MHANY MANAGEMENT INC. as the managing member of Chestnut Commons. The Government's claims relating to Chestnut Commons have not yet been resolved.
• The Atrium, at 57 Marcus Garvey Boulevard in Brooklyn. However, by the time that the Atrium opened in 2024, LETTIRE had retained an accessibility consultant, and the identified inaccessible conditions were in the process of being substantially remediated in consultation with the Government. The Atrium has been included in the lawsuit in order to ensure that remaining retrofits are completed.

Due to the inaccessible conditions at the buildings LETTIRE designed and constructed, LETTIRE engaged in a pattern or practice of resistance to the full enjoyment of rights protected by the FHA and denied such rights to people with disabilities. The Complaint seeks a court order directing LETTIRE to retrofit individual apartments as well as the public and common use areas of the buildings so that they are accessible, to adopt policies and procedures to ensure FHA compliance in future constructions, and to compensate individuals who suffered discrimination due to the inaccessible conditions.

Under the settlement with LETTIRE and other related entities, LETTIRE agreed to complete necessary retrofits at the Atrium, establish procedures to ensure FHA compliance at future development projects, and to institute policies and training to ensure that its employees and agents will comply with the FHA's accessibility requirements. LETTIRE agreed to pay a civil penalty of $20,000, and the related entities agreed to pay a civil penalty of $10,000 each, commensurate with their role in designing and/or constructing the Tapestry and Chestnut Commons.

Under the settlement with EAST 124^TH STREET LLC, EAST 124^TH STREET LLC agreed to complete necessary retrofits at the Tapestry, establish procedures to ensure FHA compliance at future development projects, and to institute policies and training to ensure that its employees and agents will comply with the FHA's accessibility requirements. EAST 124^TH STREET LLC also agreed to pay a civil penalty of $10,000, commensurate with its role in designing and/or constructing the Tapestry.

Further, the settlement requires EAST 124^th STREET LLC to provide $20,000 to compensate aggrieved persons with respect to the Tapestry. Aggrieved individuals may include those who:

• Were discouraged from living at the Tapestry because of the lack of accessible features;
• Have been hurt in any way by the lack of accessible features at the Tapestry;
• Paid to have an apartment at the Tapestry made more accessible to persons with disabilities; or
• Otherwise were discriminated against on the basis of disability at the Tapestry as a result of inaccessible design and construction.

People who believe they may have experienced discrimination due to the inaccessible conditions at the above-named buildings developed by LETTIRE may contact the Civil Rights Complaint account at [email protected], use the Civil Rights Complaint Form available on the U.S. Attorney's Office's website http://www.justice.gov/usao/nys/civilrights.html, or send a written report to:

U.S. Attorney's Office, Southern District of New York

86 Chambers Street, 3rd Floor

New York, New York 10007

Attention: Chief, Civil Rights Unit

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Mr. Kim thanked HUD for its assistance on the investigation.

The case is being handled by the Office's Civil Rights Unit in the Civil Division. Assistant U.S. Attorneys Amanda Lee and Danielle J. Marryshow are in charge of the case.

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