FHJC COMPLAINT ALLEGES DISABILITY DISCRIMINATION AT INACCESSIBLE BROOKLYN APARTMENT BUILDINGS

The Fair Housing Justice Center (FHJC) today announced it has filed a new disability discrimination lawsuit against property owner/managers Wyton Developers LLC; 2711 Fulton LLC; 2667 Fulton MBR LLC; property manager Asco Management LLC; and architect Nikolai Katz.

The complaint stems from an undercover investigation at two Brooklyn apartment buildings: Cypress Park and The Agora. Together the buildings comprise 170 apartments and feature amenities and common areas including roof decks, co-working spaces, and screening rooms.

According to the complaint, FHJC testers who visited the buildings in 2024 and 2025 observed numerous barriers to access including

• an inaccessible roof deck with no railings provided for safety or support
• inaccessible entrances to laundry rooms, co-working spaces, courtyards, and screening rooms
• terrace doors, bedroom doors, and bathroom doors that are too narrow
• bathrooms with insufficient maneuverable space
• mailboxes that are too high
• inaccessible garbage chutes
• building entrance doors that require excessive force to open

The complaint alleges violations of the federal Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law. It  was filed in the Eastern District of New York on March 12, 2026 and can be read in full HERE.

“Developers like to advertise amenities like roof decks, co-working spaces, and screening rooms as ‘common areas’ for everyone in the building. But when those spaces aren’t accessible, they’re not really for everyone at all,” said FHJC Legal Director David Berman. “Excluding people with disabilities from the very places meant to bring residents together sends a clear message about who was — and wasn’t — considered when this building was designed.”

The FHJC is represented by attorneys David John Hommel and Andrew Rozynski with Eisenberg & Baum, LLP.

 “Accessibility isn’t an afterthought,” said Mr. Hommel. “Every New Yorker is entitled to equal access. Anything less runs afoul of city, state, and federal law, and this case highlights a clear failure to meet well-established accessibility standards. No one should feel the indignity of a closed door.”

 In addition to monetary damages, the complaint seeks retrofits to correct the inaccessible features, injunctive relief to end the discrimination, training for all employees, staff, and other agents about the rights of individuals with disabilities, and other remedial action to ensure future compliance with accessibility requirements.

The mission of the FHJC, a nonprofit civil rights organization, is to eliminate housing discrimination; promote policies and programs that foster open, accessible, and inclusive communities; and strengthen enforcement of fair housing laws in the New York City region.