| Bronx Gentrification
Buildings Dispute Damage Under
Fair Housing Act Theory in SDNY
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Dec 12 – Two gentrifying
buildings in the South Bronx
have been sued for failure to
comply with the Fair Housing
Amendment Act of 1988.
On December 12,
2023 before U.S. District
Court for the Southern
District of New York Judge
Denise L. Cote, the defendants
disputed whether damages can
be awarded under the
frustration of mission theory
of fair housing law that
stretched back to the Havens
Realty case. Inner City Press
was there.
No
decision was made, but a
showdown may be looming.
The
buildings are at 25 Bruckner
Boulevard in Mott Haven; rents
range from $2300 to $4300. The
claim is that the apartments
are inaccessible to disabled
people. Defendants have apparently
offered to remediate in three
or five years.
After the
case was filed in 2019, COVID
made it difficult for the
plaintiff's expert to access
the building.
But now a
mediation is scheduled for
January 24, and a status
letter by January 26.
On February 16,
if the issue hasn't been
settled out in mediation, the
plaintiffs are to present case
law justifying their request
for damages under the
frustration of mission theory.
The case is Fair
Housing Justice Center, Inc.
v. Bruckner Tower LLC et al.,
19-cv-8622 (Cote)
***
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