Tenants File Federal Lawsuit Against Landlords Who Target Black Renters

April 15, 2014, Brooklyn, NY— Tenants and advocates gathered today to announce the filing of a federal lawsuit against landlords who have aggressively harassed and targeted Black tenants to compel them to move, renting their apartments almost exclusively to younger, white tenants. Plaintiffs (eleven tenants, along with the Flatbush Tenant Coalition and Flatbush Development Corporation, represented by Legal Services NYC’s Brooklyn program) allege violations of the Fair Housing Act and the New York State and New York City Human Rights Laws. (Above: Homewood Gardens resident Mikela Atherton speaks at this morning’s press conference. Behind her are Deputy Borough President Diana Reyna and Council Member Mathieu Eugene.)

Press coverage: New York Daily News, New York Post, NBC, CBS/1010WINS,  Wall Street Journal/Associated Press, News 12, Brooklyn Paper, Brooklyn Daily Eagle, WNYC, The Real Deal, Gothamist, Law360, NY1, Geraldo Rivera (4/15)

The landlords’ discriminatory tactics have included refusing to cash Black tenants’ rent checks for months on end and then sending rent demands for tens of thousands of dollars, refusing to make repairs, and bringing baseless housing court cases against Black tenants. In contrast, white tenants move into renovated apartments, their rent checks are cashed, they receive monthly rent statements, and they are not subject to harassment. Since taking title to these buildings, the landlords have succeeded in recovering possession of approximately 20 apartments out of a total of 52.

“I’ve lived at Homewood Gardens for eight years with my mother and my son,” said Mikela Atherton, daughter of one of the plaintiffs. “There is no nice way to say what’s happening here: it is harassment & discrimination. He does many things to get us out. He keeps the apartments in a poor state. For months I told him about the sink in our bathroom, and for months he refused to do anything. A few weeks ago it finally fell on my five-year-old son when he was getting ready for school in the morning. And that’s not all. He takes us to court for no apparent reason. He took us to court saying we owe him 10 months of rent, when he hasn’t been cashing our checks. This landlord wants specific tenants to move out. And the difference between the new tenants and us is the complexion that we have.”

Almost from the day they purchased the buildings, the landlord and managing agents began aggressively harassing and targeting Black tenants in an effort to get them to move. Since their purchase of the subject properties, they have compelled Black tenants to live in substandard and uninhabitable conditions, while providing white tenants with habitable apartments. Even when repairs are done, they routinely replace existing items and features with inferior ones, for example substituting cheap linoleum for wood flooring, or non-waterproof linoleum tile for ceramic tile in bathrooms. Black tenants have lived with rotted-out cabinets, windows so broken that thick layers of mold grow around them, floors so stripped and damaged that the basement below was visible and cockroaches crawled through, leaking faucets, rodents and vermin, inoperative electrical outlets, and broken radiators, among other offenses.

At the same time the landlords were attempting to push Black tenants out of the buildings, and denying them necessary repairs, they were renovating empty and recently vacated apartments and leasing them mostly to white tenants. In these buildings, Black tenants live in uninhabitable conditions while white tenants live in safe and sanitary conditions. The disparities go far beyond what would be expected if the landlords had renovated vacant apartments while providing legally required maintenance to Black tenants.

“This court case is one step to show landlords who are discriminating against black tenants that we are not going to accept their illegal ways,” said Thomas Williams, a tenant leader and steering committee member for the Flatbush Tenant Coalition. “This discrimination has been going on for quite some time and it continues as African Americans and other people of color try to rent apartments from landlords in the five boroughs.”

“After complaints in state court failed to stop the landlord’s practices, the tenants had no other choice but to use the Civil Rights laws to put an end to discriminatory treatment they have experienced, and to prevent the continuing displacement of Black tenants from the neighborhood in which they have lived for decades,” said tenants’ attorney Pavita Krishnaswamy of Legal Services NYC.

“The aggressive harassment experienced by the tenants of Homewood Gardens and Flatbush Tenant Coalition, especially where such harassment tactics were based on race and ethnicity, is unacceptable,” said New York City Public Advocate Letitia James. “We commend the efforts of Legal Services NYC to file this important suit. My office is committed to protecting rent stabilized apartments and I look forward to working with the Plaintiffs on addressing their complaints of violations of federal fair housing laws.” 

“The blatant disregard for the well-being of residents will not be tolerated,” said State Assemblymember Karim Camara. “Unlawful evictions and harassment of tenants based on skin color or immigration status has no place in Brooklyn. I look forward to this lawsuit progressing speedily so these allegations can be investigated in order to give all residents of Homewood Gardens the peace of mind they rightly deserve.”

“Tenants have the right to live in an apartment that is clean, well-maintained and where they can live in enjoyment and peace with their family, friends and neighbors without fear of discrimination,” said NYC Council Member Mathieu Eugene. “As a City Council Member, I strongly believe that all proper and necessary actions must be taken when it appears that tenants have been the victims of discriminatory practices and harassment. I stand firmly alongside the tenants, the Flatbush Tenant Coalition and Legal Services NYC in calling for fairness, respect and justice.”

“We, the tenants of Homewood Gardens, finally feel that our voices are being heard, and that the slumlords of NYC will be held accountable for their discriminative practices against tenants,” said plaintiff Ann Tobierre. “We want to thank our elected officials and advocates for supporting and representing us in our fight against our landlord Shay Wasserman for harassment and blatant discrimination against tenants of color and immigrants.”

Legal Services NYC fights poverty and seeks justice for low-income New Yorkers. For more than 40 years, we have challenged systemic injustice and helped clients meet basic needs for housing, access to high-quality education, health care, family stability, and income and economic security.

The Flatbush Tenant Coalition is a member organization that helps tenants from different areas in Brooklyn to be leaders in their apartment buildings, and teaches tenants how to help their buildings and build tenant power.

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