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Case Name Katz v. Brown Harris Stevens Brooklyn FH-NY-0027
Docket / Court 1:08-cv-01698 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Attorney Organization Emery Celli Brinckerhoff & Abady LLP
Case Summary
This case related to allegations of housing discrimination against people with, or expecting to have, children – a protected class in NY. On April 24, 2008, a married couple filed suit against Brown Harris Stevens Brooklyn (“BHS”), a real estate brokerage firm headquartered in Brooklyn NY, ... read more >
This case related to allegations of housing discrimination against people with, or expecting to have, children – a protected class in NY. On April 24, 2008, a married couple filed suit against Brown Harris Stevens Brooklyn (“BHS”), a real estate brokerage firm headquartered in Brooklyn NY, doing business throughout New York City, and some of its licensed real estate agents and brokers in the U.S. District Court for the Eastern District of New York. The case was assigned to Magistrate Judge Ramon E. Reyes, Jr. The plaintiffs were represented by Emery Celli Brinckerhoff & Abady LLP. Though the plaintiffs initially intended to pursue a class-action lawsuit, the case was settled before trial.

The plaintiffs alleged that BHS violated the Federal Fair Act (42 U.S.C. §3601), NYS Human Rights Law, NYS Landlord, Tenant Law, and NYC Human Rights Law. From 2006 to 2007, the plaintiffs worked with BHS to find housing opportunities for their soon-to-be family. The plaintiffs claimed that throughout their engagement with BHS, BHS consistently refused to rent or show the plaintiffs housing units because either they thought the unit was not “suitable” for children or because the landlords of the units did not want to rent to couples with children. The plaintiffs engaged testers from the Federal Housing Justice Center to confirm the claims to substantiate their claims. Testers from the FHJC confirmed similar experiences. The plaintiffs sought declaratory, injunctive, and monetary relief from BHS.

On March 04, 2009, an Order of Settlement was filed with the Court, noting that the settlement terms would be confidential. The Court retains jurisdiction to enforce the confidential settlement. The case is now closed.

Richard Cantoral - 10/10/2021


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Issues and Causes of Action
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Issues
Defendant-type
Multi-family housing provider
Single family housing provider
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Family discrimination
General
Disparate Treatment
Housing
Plaintiff Type
Private Plaintiff
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Brown Harris Stevens Brooklyn LLC
Plaintiff Description All persons who have or will seek rental properties thorough [defendant] to inhabit with a child or children under the age of 18.
Indexed Lawyer Organizations Emery Celli Brinckerhoff & Abady LLP
Class action status sought Yes
Class action status outcome Mooted before ruling
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filed 04/24/2008
Case Ongoing Perhaps, but long-dormant
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ] [ PDF ] [ External Link ]

Court Docket(s)
E.D.N.Y.
06/03/2010
1:08-cv-01698-RER
FH-NY-0027-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.Y.
04/24/2008
Class Action Complaint [ECF# 1 & 1-2]
FH-NY-0027-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
03/24/2009
Stipulation of Settlement and Discontinuance with Prejudice [ECF# 22]
FH-NY-0027-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Reyes, Ramon E. Jr. (E.D.N.Y.) [Magistrate] show/hide docs
FH-NY-0027-9000
Plaintiff's Lawyers Saylor, Elizabeth Sykes (New York) show/hide docs
FH-NY-0027-0002 | FH-NY-0027-0003 | FH-NY-0027-9000
Wang, Mariann Meier (New York) show/hide docs
FH-NY-0027-0002 | FH-NY-0027-0003 | FH-NY-0027-9000
Defendant's Lawyers Goodman, Carol M (New York) show/hide docs
FH-NY-0027-0003 | FH-NY-0027-9000
Mollen, Scott (New York) show/hide docs
FH-NY-0027-0003

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