Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 1 of 18 PageID #: 1

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1 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 1 of 18 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X FAIR HOUSING JUSTICE CENTER, INC.; DATHAN WILLIAMS; LISA DARDEN; and BIANCA JONES, Plaintiffs, 12 Civ. COMPLAINT AND DEMAND FOR JURY TRIAL v. MERZ REALTY CORP.; HAL SHAPIRO; BARRY SHAPIRO; ULA ZATORSKI; and ZDISLAW ZATORSKI, Defendants X Plaintiffs Fair Housing Justice Center, Inc., Dathan Williams, Lisa Darden, and Bianca Jones, by and through their attorneys, Cuti Hecker Wang LLP, for their Complaint allege as follows: INTRODUCTION 1. This action arises out of blatant race discrimination in the leasing of residential apartments at 7502 Ridge Boulevard in Brooklyn (the Building ), where prospective African American tenants regularly are given false information about the availability of apartments, deprived of direct contact with the landlord, and otherwise denied housing opportunities on the same terms and conditions that are afforded to white prospective tenants. 2. In late February and early March 2012, the Fair Housing Justice Center ( FHJC ), a non-profit organization dedicated to ensuring that all people have equal access to housing opportunities in the New York City region, sent African American and white testers to the Building posing as prospective tenants. The results of these tests demonstrate starkly that the

2 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 2 of 18 PageID #: 2 Building s owners, management, and agents treat prospective tenants very differently depending on the color of their skin. During tape-recorded conversations, Defendants Ula and Zdzislaw Zatorski the Building s superintendents, who respond to inquiries about and, depending on the race of the prospective tenant, show available apartments repeatedly lied to the African American testers about the availability of apartments, telling them that no apartments would be available until May or June, even as they were at the same time showing an immediately available apartment to the white testers. 3. Defendants Ula and Zdzislaw Zatorski also directed the African American testers to an intermediary broker, emphasizing that they would have to pay the broker a significant fee, even as they were at the same time providing the white testers direct access to one of the Building s owners, Defendant Hal Shapiro, and telling the white testers that Shapiro would not charge them a fee. Defendant Ula Zatorski also added other details and used a tone that was designed to further discourage the African American testers from applying for housing. 4. Nearly 150 years have passed since the enactment of the Civil Rights Act of 1866, which was designed to ensure that African Americans would have the same access and rights to property as their white counterparts. Forty-five years have passed since the Fair Housing Act became law. Defendants discriminatory treatment of African American prospective tenants is shameful and indefensible. Their conduct condones and furthers continuing racial segregation in housing in New York City. There is no room for such behavior or such segregation in our society today. Plaintiffs are entitled to declaratory and injunctive relief, compensatory damages, punitive damages, and an award of costs and attorneys fees. 2

3 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 3 of 18 PageID #: 3 JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331, 1343, and 1367 and pursuant to 42 U.S.C Venue is properly lodged in this District pursuant to 28 U.S.C. 1391(b)(2). JURY DEMAND 7. Plaintiffs hereby demand a trial by jury. PARTIES 8. Plaintiff FHJC is a non-profit organization incorporated in the State of New York and based in New York City. FHJC is dedicated to ensuring that all people have equal access to housing opportunities in the New York City region by eliminating housing discrimination and creating open and inclusive communities. FHJC expended staff time and other resources to investigate and respond to Defendants discriminatory housing policies and practices, which diverted resources away from other FHJC activities. Defendants discriminatory housing policies and practices also frustrated FHJC s mission to ensure that all people have equal access to housing opportunities in the New York City region. 9. Plaintiff Dathan Williams is an African American man who is a citizen of the United States and a resident of New York, New York. During all relevant times, Plaintiff Williams worked for the FHJC, including as a tester. 10. Plaintiff Lisa Darden is an African American woman who is a citizen of the United States and a resident of New York, New York. During all relevant times, Plaintiff Darden worked for the FHJC as a tester. 3

4 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 4 of 18 PageID #: Plaintiff Bianca Jones is an African American woman who is a citizen of the United States and a resident of New York, New York. During all relevant times, Plaintiff Jones worked for the FHJC as a tester. 12. Upon information and belief, Defendant Merz Realty Corp. is an inactive New York corporation that continues to operate despite its inactive status and is headquartered at 364 North Avenue in New Rochelle, New York. Upon information and belief, Merz Realty Corp. is the putative owner of the Building. Upon information and belief, Merz Realty Corp. and its principals are responsible for establishing, supervising, and enforcing the policies and practices through which apartments at the Building are rented and through which tenants are selected. 13. Upon information and belief, Defendant Hal Shapiro is a natural person residing in Westchester County, New York. Upon information and belief, Hal Shapiro is a principal of Merz Realty Corp., is a de facto owner of the Building, and is a managing agent of the Building. Upon information and belief, Hal Shapiro is responsible for establishing, supervising, and enforcing the policies and practices through which apartments at the Building are rented and through which tenants are selected. 14. Upon information and belief, Defendant Barry Shapiro is a natural person residing in Westchester County, New York. Upon information and belief, Barry Shapiro is a principal of Merz Realty Corp. and a de facto owner of the Building. Upon information and belief, Barry Shapiro is responsible for establishing, supervising, and enforcing the policies and practices through which apartments at the Building are rented and through which tenants are selected. 15. Upon information and belief, Defendant Ula Zatorski is a natural person residing at the Building in Brooklyn, New York. Upon information and belief, Ula Zatorski is a superintendent of the Building. Upon information and belief, at all relevant times, Ula Zatorski 4

5 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 5 of 18 PageID #: 5 was an employee and agent of Merz Realty Corp. (and/or the true owner(s) of the property) with actual and apparent authority to show prospective tenants apartments at the Building, screen them for suitability, and refer suitable tenants to Hal Shapiro and/or to a real estate broker to complete the application process. 16. Upon information and belief, Defendant Zdzislaw Zatorski is a natural person residing at the Building in Brooklyn, New York. Upon information and belief, Zdzislaw Zatorski is a superintendent of the Building. Upon information and belief, at all relevant times, Zdzislaw Zatorski was an employee and agent of Merz Realty Corp. (and/or the true owner(s) of the property) with actual and apparent authority to show prospective tenants apartments at the Building, screen them for suitability, and refer suitable tenants to Hal Shapiro and/or to a real estate broker to complete the application process. FACTUAL ALLEGATIONS 17. Founded in 2005, the mission of the Fair Housing Justice Center is to eliminate housing discrimination, promote open, accessible, and inclusive communities, and strengthen enforcement of the fair housing laws. 18. FHJC dispatches individuals as testers persons who pose as prospective renters or homebuyers for the purpose of obtaining information about the conduct of landlords, real estate brokers, cooperative and condominium boards, lenders, sellers, and others to determine whether illegal housing discrimination is taking place. 19. During all relevant times, Plaintiffs Williams, Darden, and Jones, as well as the white testers who inquired about apartments for rent at the Building, worked for the FHJC as testers (and, with respect to Plaintiff Williams, in other capacities as well). 5

6 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 6 of 18 PageID #: Prior to participating in the testing investigation of the Building, Plaintiffs Williams, Darden, and Jones, as well as the white testers, received training from FHJC, which included instructions on conducting a test, preparing tester report forms, and using concealed digital audio recorders during tests. 21. As detailed below, the testing that FHJC and its testers performed demonstrates that Defendants regularly discriminate against African Americans with respect to renting apartments at the Building in violation of federal, state, and local fair housing laws. The First Test 22. On February 27, 2012 at approximately 2:00 p.m., a white female tester posing as a prospective tenant knocked on the door of the superintendents apartment in the Building. Defendant Ula Zatorski, who later identified herself to the tester as a superintendent of the Building, answered the door. 23. The tester informed Defendant Ula Zatorski that she was looking for an apartment in the neighborhood and asked her whether there were any available apartments in the Building. 24. Zatorski responded by informing the tester that there was a one-bedroom apartment available on March 1, 2012 for $1400 per month. 25. Zatorski showed the tester Apartment E5, emphasizing repeatedly that it was available for rent on March 1, The tester asked Defendant Ula Zatorski whether there was a broker fee, and Zatorski informed her that there would be no broker fee if she applied directly through the landlord. 27. Defendant Ula Zatorski volunteered that the landlord of the Building was Defendant Hal Shapiro and that the tester should call Shapiro directly to apply for the apartment. 6

7 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 7 of 18 PageID #: 7 Zatorski specifically encouraged the tester to call Shapiro that same day and to explain to Shapiro that the super had shown her Apartment E5. Zatorski gave the white tester Shapiro s telephone number. Zatorski also gave the white tester her own telephone number. 28. Zatorski informed the tester that she was the superintendent of the Building. 29. On the following day, February 28, 2012, at approximately 10:50 a.m., Plaintiff Williams approached Defendant Ula Zatorski in the Building. Williams told Zatorski that he was looking for the Building s super, and Zatorski responded by informing him that she was the super. 30. Plaintiff Williams (who is an African American) told Defendant Ula Zatorski that he was walking through the neighborhood and was looking for an available one-bedroom apartment for himself and his wife. Zatorski told him that there was an apartment for $1400 per month but that he would have to contact the Building s broker, Baton Ahmetaj (a.k.a. Tony ), an agent with Rapid Realty at th Avenue in Brooklyn. 31. Plaintiff Williams asked Zatorski to see the apartment, and she showed him Apartment E Zatorski then told Williams that three prospective tenants had seen Apartment E5 that day and/or the previous day, conveying that it likely was no longer available. 33. Plaintiff Williams asked Zatorski for a contact number, but she indicated that she did not have the broker s telephone number. Instead, she told him to go to the broker s office at 94th Street and Fourth Avenue. She did not provide him with Defendant Hal Shapiro s telephone number, even though she had provided Shapiro s telephone number to the white tester the previous day. 7

8 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 8 of 18 PageID #: About an hour later, at approximately noon on February 28, 2012, a white male tester approached Defendant Ula Zatorski inquiring about availability at the Building. He explained that he and his wife were from Bay Ridge and were moving back to the neighborhood, and he asked Zatorski if she was the super. 35. Defendant Ula Zatorski told the white tester that she was the super and that there was a one-bedroom apartment available. Zatorski initially told the white tester that he would have to go through a broker, but when he asked if he could see the available apartment, Zatorksi agreed to show it to him. 36. Defendant Ula Zatorski then showed the white tester Apartment E The tester asked Zatorski what the rent was, and she told him $ per month or maybe $ The white tester asked Zatorski when the apartment would be available, and she told him that it was available now. 39. Zatorski then gave the white tester Defendant Hal Shapiro s name and telephone number and encouraged him to call Defendant Shapiro immediately to inquire about Apartment E5. The Second Test 40. On March 5, 2012 at approximately 11:40 a.m., Plaintiff Darden approached Defendant Ula Zatorski in the Building and asked if she was the super. Zatorski responded by informing her that she was the super. 41. Plaintiff Darden asked Defendant Ula Zatorski whether there were any onebedroom apartments in the Building. Zatorksi said that there were and that they rented for $ per month. 8

9 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 9 of 18 PageID #: Plaintiff Darden (who is an African American) asked whether there were any apartments available now, and Defendant Zatorski said no. Defendant Zatorski explained that there was an apartment on the first floor that was under construction but that it would not be available until May or June. 43. Zatorski then took Plaintiff Darden to see the first floor apartment, Apartment A8, so that she could see that it was under construction and not close to done. 44. Zatorski did not inform Plaintiff Darden that Apartment E5 was available immediately, much less did she provide Plaintiff Darden with Defendant Hal Shapiro s telephone number, notwithstanding that she had provided two white testers with Shapiro s telephone number just days earlier. 45. Instead, Defendant Ula Zatorski referred Plaintiff Darden to the Building s broker, Baton (a.k.a. Tony ), at 94th Street and 4th Avenue. Plaintiff Darden asked for Baton s telephone number, and Zatorski falsely told her that she did not have it. Zatorski volunteered that Plaintiff Darden would have to put down three or four months rent to secure an apartment in the Building. 46. Defendant Ula Zatorski did not mention Defendant Hal Shapiro to Plaintiff Darden, did not give her his telephone number, and did not inform her that there would be no broker fee if she applied for an apartment directly through him. 47. On the following day, March 6, 2012, at approximately 3:00 p.m., a white female tester posing as a prospective tenant rang the doorbell of the superintendent s apartment in the Building. Defendant Ula Zatorski answered the door. 9

10 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 10 of 18 PageID #: The white tester asked whether there were any one-bedroom apartments available. Zatorski provided her with the cell phone number for the broker, Tony, even though Zatorski had falsely told Plaintiff Darden that she did not have Tony s number. 49. Defendant Ula Zatorski then showed the white tester Apartment E5, informing her that it was available for $ per month, even though Zatorski had falsely told Plaintiff Darden that no apartments were immediately available. 50. Zatorski encouraged the white tester to contact the broker, Tony, right away to inquire about the availability of Apartment E5. The Third Test 51. On March 13, 2012 at approximately 8:00 p.m., Plaintiff Jones knocked on the Zatorskis door in the Building. Defendant Zdzislaw Zatorski answered the door and identified himself as the Building s super. 52. Plaintiff Jones (who is an African American) asked Defendant Zdzislaw Zatorski if there were any available apartments in the Building, and Zatorski told her no. 53. Plaintiff Jones asked Dfendant Zdzislaw Zatorski when there might be available apartments, and Zatorski told her that he did not know. 54. Defendant Zdzislaw Zatorski then exchanged words with his wife, Defendant Ula Zatorski, in Polish, and he then told Plaintiff Jones that she would have to go through a broker. 55. Defendant Ula Zatorski then came to the door and gave Plaintiff Jones the telephone number and address of a different broker at Rapid Realty, Naim Glloxhani. She told Plaintiff Jones that the broker would charge a one-month fee and that no apartments would be available until May or June. 10

11 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 11 of 18 PageID #: Two days later, on March 15, 2012 at approximately 12:40 p.m., a white male tester posing as a prospective tenant rang the buzzer of the superintendent s apartment in the Building. Defendant Ula Zatorski responded. 57. The white tester introduced himself and told Defendant Ula Zatorski that his cousin has seen an available apartment the previous week. Zatorksi buzzed him in. 58. The white tester met Defendant Ula Zatorski in the hallway and inquired about Apartment E5. Zatorski told him that she did not know whether the apartment was still available, and she provided him with the address and telephone number of the Rapid Realty broker, Tony. 59. The white tester asked Ula Zatorski whether he could see the apartment. She told him that he should call Tony and that she would show him the apartment if Tony confirmed that it was still available. 60. The white tester called and spoke to Tony, in the presence of Zatorksi, who confirmed that Apartment 5E was still available. 61. Defendant Ula Zatorski then showed the white tester Apartment 5E, even though she had previously told Plaintiff Jones that no apartments were available. 62. The white tester then asked Zatorski whether there were other apartments available in the Building. Zatorski told him that there was a one-bedroom apartment on the third floor, Apartment C10, that was being rented and would be available by April 15 or in May at the latest. 63. Zatorski then showed the white tester Apartment C10, even though she previously had told Plaintiff Jones that no apartments would be available until May or June. * * * 11

12 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 12 of 18 PageID #: The behavior evidenced by the testing detailed above is reprehensible. It subjected the Plaintiffs to debasement and humiliation, conveying to them clearly that they are, in the eyes of the Building s owners, management, and agents, lesser citizens than their white counterparts. It interfered with FHJC s core mission and required FHJC to divert significant and scarce resources from other vital projects. It furthers racial segregation in housing in Bay Ridge, Brooklyn and throughout New York City. It must stop. herein. FIRST CAUSE OF ACTION (Federal Fair Housing Act 42 U.S.C et seq.) 65. Plaintiffs repeat and reallege the allegations in paragraphs 1-64 as if set forth fully 66. Defendants conduct as set forth above constitutes a refusal to rent, or the refusal to negotiate the rental of, or a denial of housing on the basis of race or color in violation of the Fair Housing Act, 42 U.S.C. 3604(a). 67. Defendants conduct as set forth above constitutes discrimination in the terms, conditions, or privileges of the rental of a dwelling, and/or in the provision of services or facilities in connection therewith, because of race or color in violation of the Fair Housing Act, 42 U.S.C. 3604(b). 68. Defendants conduct as set forth above constitutes the making of statements with respect to the rental of a dwelling that indicates a preference, limitation, or discrimination based on race and color or an intention to make any such preference, limitation, or discrimination in violation of the Fair Housing Act, 42 U.S.C. 3604(c). 69. Defendants conduct as set forth above constitutes a representation, because of race or color, that a dwelling is not available for rental when such dwelling is in fact so available in violation of the Fair Housing Act, 42 U.S.C. 3604(d). 12

13 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 13 of 18 PageID #: Plaintiffs are aggrieved persons as defined in 42 U.S.C. 3602(d) and (i), have been injured by the Defendants discriminatory conduct, and have suffered damages as a result. 71. Defendants unlawful conduct was intentional, willful, and made in disregard for the rights of others. 72. Accordingly, pursuant to 42 U.S.C. 3613(a) and (c), Plaintiffs are entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys fees and costs. herein. SECOND CAUSE OF ACTION (Civil Rights Act of U.S.C and 1982) 73. Plaintiffs repeat and reallege the allegations in paragraphs 1-72 as if set forth fully 74. Defendants conduct as set forth above prevented Plaintiffs Williams, Darden, and Jones from enjoying the same right to make and enforce contracts as is enjoyed by white citizens under Section 1981 of the Civil Rights Act of 1866 and the same right to lease real property as is enjoyed by white citizens under Section 1982 of the Civil Rights Act of Plaintiffs Williams, Darden, and Jones have been injured by Defendants discriminatory conduct and have suffered damages as a result. of others. 76. Defendants conduct was intentional, willful, and made in disregard for the rights 77. Accordingly, pursuant to 42 U.S.C. 1981, 1982, and 1988, Plaintiffs Williams, Darden, and Jones are entitled to actual damages, punitive damages, injunctive relief, and attorneys fees and costs. 13

14 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 14 of 18 PageID #: 14 herein. THIRD CAUSE OF ACTION (New York Executive Law 290 et seq.) 78. Plaintiffs repeat and reallege the allegations in paragraphs 1-77 as if set forth fully 79. Defendants conduct as set forth above constitutes the refusal to rent and/or the denial of a housing accommodation and/or the withholding of a housing accommodation because of race or color in violation of Article 15 of the New York Executive Law 296(5)(a)(1). 80. Defendants conduct as set forth above constitutes a representation that a housing accommodation is not available for rent or lease when in fact it is so available in violation of Article 15 of the New York Executive Law 296(5)(a)(1). 81. Defendants conduct as set forth above constitutes discrimination because of race or color in the terms, conditions, or privileges of the rental of a housing accommodation or in the furnishing of facilities or services in connection therewith in violation of the New York Executive Law 296(5)(a)(2). 82. Defendants conduct as set forth above constitutes aiding, abetting, inciting, compelling or coercing the doing of any of the acts forbidden by New York Executive Law 296(5), in violation of the New York Executive Law 296(6). 83. Plaintiffs have been injured by Defendants discriminatory conduct and have suffered damages as a result. of others. 84. Defendants conduct was intentional, willful, and made in disregard for the rights 85. Accordingly, pursuant to Article 15 of the New York Executive Law 297, Plaintiffs are entitled to actual damages, punitive damages, injunctive relief, and attorneys fees and costs. 14

15 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 15 of 18 PageID #: 15 herein. FOURTH CAUSE OF ACTION (New York Civil Rights Law 40-c) 86. Plaintiffs repeat and reallege the allegations in paragraphs 1-85 as if set forth fully 87. New York Civil Rights Law 40-c(2) provides in relevant part that: No person shall, because of race, creed, or color... be subjected to any discrimination in his or her civil rights... by any other person or by any firm, corporation or institution. 88. By engaging in the discriminatory conduct as set forth above, Defendants violated New York Civil Rights Law 40-c. 89. Plaintiffs have been injured by Defendants discriminatory conduct and have suffered damages as a result. of others. 90. Defendants conduct was intentional, willful, and made in disregard for the rights 91. At or before the commencement of this action, Plaintiffs provided notice of this action to the Attorney General of the State of New York per New York Civil Rights Law 40-d. 92. Accordingly, pursuant to New York Civil Rights Law 40-c, Plaintiffs are entitled to statutory damages, injunctive relief, and attorneys fees and costs. herein. FIFTH CAUSE OF ACTION (New York City Administrative Code 8-107) 93. Plaintiffs repeat and reallege the allegations in paragraphs 1-92 as if set forth fully 94. Defendants conduct as set forth above constitutes a refusal to rent or lease or other withholding of a housing accommodation because of race or color in violation of New York City Administrative Code 8-107(5)(a)(1). 15

16 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 16 of 18 PageID #: Defendants conduct as set forth above constitutes discrimination because of race or color with respect to the terms, conditions, or privileges of the rental or lease of a housing accommodation in violation of New York City Administrative Code 8-107(5)(a)(2). 96. Defendants conduct as set forth above constitutes aiding, abetting, inciting, compelling or coercing the doing of any of the acts forbidden under New York City Administrative Code 8-107(5), or an attempt to do so, in violation of the New York City Administrative Code 8-107(6). 97. Plaintiffs have served a copy of this Complaint upon the City Commission on Human Rights and the Corporation Counsel, pursuant to New York City Administrative Code 8-502(c). 98. Plaintiffs have been injured by Defendants discriminatory conduct and have suffered damages as a result. 99. Defendants conduct was intentional, willful, and made in disregard for the rights of others Accordingly, pursuant to New York City Administrative Code 8-502(a) and 8-502(f), Plaintiffs are entitled to actual damages, punitive damages, injunctive relief and such other remedies as may be appropriate, and attorneys fees and costs. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request the following relief: a. An order and judgment declaring declaring that Defendants discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C et seq., the Federal Civil Rights Act, as amended, 42 U.S.C. 1981, 1982, the New York State Human Rights 16

17 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 17 of 18 PageID #: 17 Law, New York Executive Law 290 et seq., and the New York City Human Rights Law, New York Administrative Code et seq.; b. An order and judgment enjoining Defendants, Defendants agents, employees, and successors, and all other persons in active concert or participation from: (i) refusing to rent or lease, or refusing to negotiate for the rental or lease of, or otherwise making unavailable or denying a dwelling or housing accommodation to any person because of race or color; (ii) discriminating against any person in the terms, conditions, or privileges of the rental or lease of a dwelling or housing accommodation, or in the provision of services or facilities in connection therewith, because of race or color; and/or (iii) coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of any right granted or protected by the Fair Housing Act, as amended; c. An order and judgment enjoining Defendants, Defendants agents, employees, and successors, and all other persons in active concert or participation to: (i) make all necessary modifications to their policies, practices, and procedures of offering rentals or leases of dwellings or housing accommodations to the public; (ii) train all management, agents, and employees on fair housing laws; (iii) display an Equal Opportunity logo (or statement to that effect) on all advertisements for dwellings and rental property and display in all offices HUD, state, and local fair housing posters; (iv) allow monitoring of their rental screening and application process and decisions; (v) retain records to allow for appropriate monitoring; 17

18 Case 1:13-cv JG-JMA Document 1 Filed 04/29/13 Page 18 of 18 PageID #: 18 (vi) develop written procedures on rental and lease processes and fair housing policy to be distributed to all staff and all rental applicants; (vii) undertake active efforts and steps to ensure that African-Americans seek out and obtain assistance from Defendants and are assisted in meaningful ways to rent and lease apartments; and (vii) establish a system so that their agents can be tested for unlawful discriminatory practices; d. An order and judgment awarding monetary damages to compensate Plaintiffs fully for any economic losses, diversion of resources, interference with mission fulfillment, and the humiliation, degradation, embarrassment, and emotional distress suffered due to Defendants discriminatory conduct; e. An order and judgment awarding punitive damages; f. An order and judgment awarding Plaintiffs reasonable attorneys fees, costs, and expenses incurred in prosecuting this action; and g. Any further relief that may be just and proper. Dated: New York, New York April 29, 2013 By: /s/ Eric Hecker Mariann Meier Wang (MW 7417) Eric Hecker (EH 0989) Alice G. Reiter (E.D.N.Y. admission pending) CUTI HECKER WANG LLP 305 Broadway, Suite 607 New York, New York (212) Attorneys for Plaintiffs 18

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