Brito v. NYCHA (2009)

09 Civ 1621 (EDNY)

Brito was filed in April 2009 against the New York City Housing Authority (NYCHA) on behalf of more than 10,000 public housing tenants who have mobility impairments. The class action case challenged NYCHA’s failure to maintain its elevators in operable working condition as a violation of the tenants’ rights under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 as well as the State and City human rights laws. The plaintiff class was certified with defendants’ consent in September 2009, and the case was settled in September 2012.

Pursuant to the settlement agreement, NYCHA agreed to comply with benchmarks for elevator performance, repair, maintenance, and inspection, including average and maximum response and repair time requirements and a schedule of regular preventive maintenance. NYCHA also modified its transfer policy to allow mobility impaired tenants to request transfers to first or second floor apartments to avoid reliance on elevators.

NYLAG monitored NYCHA’s compliance with the settlement agreement, and was satisfied with NYCHA’s performance. Although the settlement agreement expired in early 2016, we continue to communicate with NYCHA on behalf of individual mobility-impaired tenants with questions or concerns regarding elevator performance or transfer requests.

NYLAG Attorneys: Jane Greengold Stevens, Julia Russell, Danielle Tarantolo

NYLAG Co-Counsel: Paul, Weiss, Rifkind, Wharton & Garrison, LLP

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