U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:13-cv-03600-RLE

Fair Housing Justice Center, Inc. v. Esplanade Venture Partnership et al Assigned to: Magistrate Judge Ronald L. Ellis Cause: 28:1331 Fed. Question

Date Filed: 05/29/2013 Date Terminated: 12/11/2014 Jury Demand: Plaintiff Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question

Plaintiff
Fair Housing Justice Center, Inc.

represented by Diane Lee Houk Emery Celli Brinckerhoff & Abady, LLP 600 Fifth Avenue 10th Floor New York, NY 10020 (212)-763-5000 Fax: (212)-763-5001 Email: dhouk@ecbawm.com ATTORNEY TO BE NOTICED

Hayley Horowitz Emery Celli Brinckerhoff & Abady, LLP 600 Fifth Avenue 10th Floor New York, NY 10020 (212)-763-5000 Fax: (212)-763-5001 Email: hhorowitz@ecbalaw.com ATTORNEY TO BE NOTICED

Jeanette Marie Zelhof MFY Legal Services 299 Broadway 4th Floor New York, NY 10007 (212)-417-3727 Fax: (212)-417-3890 Email: jzelhof@mfy.org ATTORNEY TO BE NOTICED

Kevin Michael Cremin Mobilization for Justice

100 William St., 6th Fl. New York, NY 10038 (212)-417-3759 Fax: (212)-417-3890 Email: kcremin@mfjlegal.org ATTORNEY TO BE NOTICED
Nahid Sorooshyari Mfy Legal Services, Inc 299 Broadway, 4th Floor New York, NY 10007 (212)-417-3807 Email: nsorooshyari@mfy.org ATTORNEY TO BE NOTICED

V. Defendant Esplanade Venture Partnership
Defendant Esplanade of White Plains venture Partnership

represented by David Todd Luntz Hinman Straub, P.C. 121 State Street Albany, NY 12207 (518)-436-0751 Fax: (518)-436-4751 Email: dluntz@hinmanstraub.com TERMINATED: 11/14/2013
Stephen Henry Volkheimer Hiscock & Barclay, LLP(Albany) 80 State Street Albany, NY 12207 (518)-429-4237 Fax: (518)-427-3460 Email: svolkheimer@hblaw.com TERMINATED: 07/03/2014 ATTORNEY TO BE NOTICED
represented by David Todd Luntz (See above for address) ATTORNEY TO BE NOTICED
Stephen Henry Volkheimer (See above for address) TERMINATED: 07/03/2014

Defendant Palisades Gardens Group, LLC
Defendant Esplanade Chestnut, LLC

represented by Christo Chariton Hadjicharala Milber Makris Plousadis & Seiden, LLP 1000 Woodbury Road, Suite 402 Woodbury, NY 11797 (516)-870-1109 Fax: (516)-712-4013 Email: chadjicharalambous@milbermakris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elizabeth Rolande Gorman Milber, Makris, Plousadis & Seiden, LLP(W'bry) 1000 Woodbury Road, Ste. 402 Woodbury, NY 11797 (516) 712-4000 x-144 Fax: (516) 712-4013 Email: egorman@milbermakris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Todd Luntz (See above for address) ATTORNEY TO BE NOTICED
Stephen Henry Volkheimer (See above for address) TERMINATED: 07/03/2014
represented by Efrem Tobias Schwalb Koffsky Schwalb LLC 349 Fifth Avenue suite 733 New York, NY 10016 646-553-1590 Fax: 646-553-1591 Email: ets@grlawpllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Ira Koffsky Koffsky Schwalb LLC

Defendant Esplanade Staten Island, LLC
Defendant Chestnut Operating Company, LLC TERMINATED: 11/01/2013

349 Fifth Avenue suite 733 New York, NY 10016 (646) 553-1590 Fax: (646) 553-1591 Email: mkoffsky@koffskyschwalb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Todd Luntz (See above for address) TERMINATED: 11/14/2013
Stephen Henry Volkheimer (See above for address) TERMINATED: 07/03/2014
represented by David Todd Luntz (See above for address) ATTORNEY TO BE NOTICED
Stephen Henry Volkheimer (See above for address) TERMINATED: 07/03/2014
represented by Efrem Tobias Schwalb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Ira Koffsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Henry Volkheimer (See above for address) TERMINATED: 07/03/2014

Date Filed # Docket Text

05/29/2013 05/29/2013 05/29/2013 05/29/2013 06/10/2013 06/10/2013 06/11/2013 06/14/2013 06/14/2013 06/17/2013

1 COMPLAINT against Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC. (Filing Fee $ 350.00, Receipt Number 465401068512)Document filed by Fair Housing Justice Center, Inc.(jd) (jd). (Entered: 05/30/2013)
SUMMONS ISSUED as to Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC. (jd) (Entered: 05/30/2013)
Magistrate Judge Ronald L. Ellis is so designated. (jd) (Entered: 05/30/2013)
Case Designated ECF. (jd) (Entered: 05/30/2013)
2 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Esplanade Venture Partnership served on 6/4/2013, answer due 6/25/2013. Service was accepted by Marcy Salwen. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) (Entered: 06/10/2013)
3 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Esplanade Staten Island, LLC served on 6/4/2013, answer due 6/25/2013. Service was accepted by Joan Castella, Managing Agent. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) (Entered: 06/10/2013)
4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/23/2013 at 11:00 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 6/11/2013) (mro) (Entered: 06/11/2013)
5 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Palisades Gardens Group, LLC served on 6/6/2013, answer due 6/27/2013. Service was accepted by Millie Mollabeqire, Managing Agent. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) (Entered: 06/14/2013)
6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Esplanade Chestnut, LLC served on 6/6/2013, answer due 6/27/2013. Service was accepted by Milama Kirschensteyn, Managing Agent. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) (Entered: 06/14/2013)
7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Esplanade of White Plains venture Partnership served on

6/11/2013, answer due 7/2/2013. Service was accepted by Arlinda Dasilva. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) (Entered: 06/17/2013)

07/09/2013

8 SCHEDULING ORDER: The initial pretrial conference scheduled at 11:00 a.m., on August 23, 2013, is adjourned to August 23, 2013, at 4:00 p.m. All other deadlines, including the deadline for the joint letter and joint Case Management Plan and Scheduling Order, remain in effect. SO ORDERED. (Signed by Judge Analisa Torres on 7/9/2013) (rsh) (Entered: 07/09/2013)

07/18/2013

9 NOTICE OF APPEARANCE by David Todd Luntz on behalf of Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC. (Luntz, David) (Entered: 07/18/2013)

07/18/2013

10 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO APPEAR AND ANSWER, MOVE, OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Fair Housing Justice Center, Inc. and Defendants Esplanade Venture Partnership; Esplanade of White Plains Venture Partnership; Palisades Gardens Group, LLC; Esplanade Chestnut, LLC; and Esplanade Staten Island, LLC., (collectively, "Defendants") as follows: The time to answer the Summons and Complaint for Defendants, is extended to and including July 22, 2013; Defendants waive any defect in service of the Summons and Complaint in this action; and Facsimile or other copies of the signatures of counsel on this stipulation may be filed with the Court. Any motion must be preceded by a pre-motion conference, pursuant to Paragraph III of the Court's Individual Practices in Civil Cases. IT IS SO ORDERED. Esplanade Chestnut, LLC answer due 7/22/2013; Esplanade Staten Island, LLC answer due 7/22/2013; Esplanade Venture Partnership answer due 7/22/2013; Esplanade of White Plains venture Partnership answer due 7/22/2013; Palisades Gardens Group, LLC answer due 7/22/2013. (Signed by Judge Analisa Torres on 7/18/2013) (rsh) (Entered: 07/18/2013)

07/22/2013

11 ANSWER to Complaint. Document filed by Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC.(Luntz, David) (Entered: 07/22/2013)

08/16/2013

12 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. and Joint Letter Document filed by Fair

Housing Justice Center, Inc.. (Attachments: # 1 Joint Letter to Hon. Torres)(Houk, Diane) Modified on 8/20/2013 (lb). (Entered: 08/16/2013)

08/20/2013

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NONECF DOCUMENT ERROR. Note to Attorney Diane Lee Houk to EMAIL Document No. 12 Proposed Case Management Plan. This document is not filed via ECF. (lb) (Entered: 08/20/2013)

08/21/2013

13 ENDORSED LETTER addressed to Judge Analisa Torres from David T. Luntz dated 8/20/2013 re: Counsel for defendants respectfully request for the August 23, 2013, 4 p.m. initial conference to be rescheduled. The parties are available on August 30 or September 6, 2013. ENDORSEMENT: GRANTED. The initial pretrial conference, currently scheduled for August 23, 2013, is rescheduled to 4:45 p.m. on August 30, 2013.(Initial Conference set for 8/30/2013 at 04:45 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 8/20/2013) (rsh) (Entered: 08/21/2013)

08/30/2013

Minute Order Proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 8/30/2013. (mo) (Entered: 08/30/2013)

09/03/2013

14 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Analisa Torres on 8/30/2013) (rsh) (Main Document 14 replaced on 9/3/2013) (rsh). Modified on 9/3/2013 (rsh). (Entered: 09/03/2013)

09/03/2013

15 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have discussed the use of the following alternative dispute resolution mechanisms for use in this case: Settlement conference before a Magistrate Judge after Rule 26 disclosures on September 6, 2013; Plaintiffs agree to provide settlement demand by September 6, 2013. Counsel for the parties have conferred and their present best estimate of the length of trial is: 10 days. Deposition due by 1/31/2014. Fact Discovery due by 1/31/2014. Expert Discovery due by 3/16/2014. Case Management Conference set for 2/14/2014 at 4:00 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 8/30/2013) (rsh) (Entered: 09/03/2013)

09/03/2013

16 LETTER addressed to Judge Analisa Torres from Diane L. Houk, Kevin M. Cremin and David T. Luntz dated 8/21/2013 re: The parties for the above matter write to submit to the Court a joint letter and proposed Civil Case Management Plan and Scheduling Order, a copy of which is enclosed. The parties will appear for an initial pretrial conference, in

accordance with Rule 16 of the Federal Rules of Civil Procedure, at 4:45 p.m., on August 30, 2013. Document filed by Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Fair Housing Justice Center, Inc., Palisades Gardens Group, LLC. (rsh) Modified on 9/5/2013 (kw). (Entered: 09/03/2013)

09/10/2013

17 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 10/8/2013 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. Plaintiff's counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. (Signed by Magistrate Judge Ronald L. Ellis on 9/10/2013) (tn) (Entered: 09/10/2013)

10/02/2013

19 AMENDED COMPLAINT amending 1 Complaint, against Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC, Chestnut Operating Company, LLC with JURY DEMAND. Document filed by Fair Housing Justice Center, Inc. Related document: 1 Complaint, filed by Fair Housing Justice Center, Inc.(djc) (Entered: 10/07/2013)

10/04/2013

18 LETTER MOTION for Conference addressed to Magistrate Judge Ronald L. Ellis from David T. Luntz dated October 4, 2013. Document filed by Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC.(Luntz, David) (Entered: 10/04/2013)

10/07/2013

20 ORDER granting 18 Letter Motion for Conference Settlement Conference set for 10/28/2013 at 02:30 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 10/07/2013)

10/24/2013 21 NOTICE OF APPEARANCE by Stephen Henry Volkheimer on behalf of Chestnut Operating Company, LLC, Esplanade Chestnut, LLC. (Volkheimer, Stephen) (Entered: 10/24/2013)

10/24/2013

22 LETTER MOTION for Conference addressed to Magistrate Judge Ronald L. Ellis from David T. Luntz dated October 24, 2013. Document filed by Esplanade Chestnut, LLC, Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC.(Luntz, David) (Entered: 10/24/2013)

10/25/2013

23 ORDER granting 22 Letter Motion for Conference Settlement Conference set for 11/22/2013 at 02:15 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 10/25/2013)

10/28/2013

24 CORRECTED ORDER: It is hereby ordered that: the settlement conference set for November 22, 2013 at 2:15 p.m. shall be instead for November 22, 2013, at 11:00 a.m. So Ordered (Signed by Magistrate Judge Ronald L. Ellis on 10/28/2013) (js) (Entered: 10/28/2013)

10/29/2013 25 NOTICE OF APPEARANCE by Hayley Horowitz on behalf of Fair Housing Justice Center, Inc.. (Horowitz, Hayley) (Entered: 10/29/2013)

10/31/2013

26 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Chestnut Operating Company, LLC. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) Modified on 11/1/2013 (jno). (Entered: 10/31/2013)

11/01/2013

***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Diane Houk Document 26 Notice of Voluntary Dismissal, was referred to Judge Analisa Torres for approval. (jno) (Entered: 11/01/2013)

11/01/2013

27 STIPULATION AND ORDER WITHDRAWING AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Fair Housing Justice Center, Inc. and Defendants Esplanade Venture Partnership; Esplanade of White Plains Venture Partnership; Palisades Gardens Group, LLC; Esplanade Chestnut, LLC; Esplanade Staten Island, LLC., (collectively, "Defendants"): On October 2, 2013, Plaintiff filed an amended complaint. On October 22,2013, during a telephone call held by all counsel to discuss pre~discovery matters, Plaintiff and Defendants concluded that leave should have been sought by October 2, 2013 to amend the complaint in accordance with the Court's July 9, 2013 scheduling order. As leave to amend was not sought by October 2, 2013, the amended complaint filed on October 2, 2013, is withdrawn, and the original complaint filed on May 29, 2013, is the operative complaint. Plaintiff presently intends to seek leave from the Court to file an amended complaint. However, in order to determine whether there arc new facts Plaintiff should consider before deciding whether to amend the complaint and add a new party, Plaintiff would first like an opportunity

to confer with new counsel for Chestnut Operating Company, LLC, and Esplanade Chestnut, LLC, who filed an appearance on October 24, 2013. If Plaintiff moves to amend the complaint on or before November 8, 2013, Defendants will not oppose the motion as untimely under the July 9, 2013 scheduling order but reserve the right to oppose the motion on any other grounds. (Signed by Judge Analisa Torres on 11/1/2013) (rsh) (Entered: 11/01/2013)

11/01/2013

28 NOTICE OF VOLUNTARY DISMISSAL OF CHESTNUT OPERATING COMPANY, LLC AS DEFENDANT: PLEASE TAKE NOTICE: that pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff, by its undersigned attorneys, hereby dismisses, without prejudice, and without fees or costs, all claims against Defendant Chestnut Operating Company, LLC in the above-captioned case. (Signed by Judge Analisa Torres on 11/1/2013) (rsh) (Entered: 11/01/2013)

11/01/2013

Set/Reset Deadlines: Amended Pleadings due by 11/8/2013. (rsh) (Entered: 11/04/2013)

11/08/2013 29 FIRST MOTION to Amend/Correct Complaint. Document filed by Fair Housing Justice Center, Inc..(Houk, Diane) (Entered: 11/08/2013)

11/08/2013 30 MEMORANDUM OF LAW in Support re: 29 FIRST MOTION to Amend/Correct Complaint.. Document filed by Fair Housing Justice Center, Inc.. (Houk, Diane) (Entered: 11/08/2013)

11/08/2013

31 DECLARATION of Diane L. Houk in Support re: 29 FIRST MOTION to Amend/Correct Complaint.. Document filed by Fair Housing Justice Center, Inc.. (Attachments: # 1 Exhibit A)(Houk, Diane) (Entered: 11/08/2013)

11/12/2013

32 ORDER deferring ruling on 29 Motion to Amend/Correct: The Court has received Plaintiff's motion for leave to amend the complaint. Defendants shall file their opposition, if any, by November 19, 2013. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 11/12/2013)

11/14/2013

33 STIPULATION AND ORDER SUBSTITUTING COUNSEL: IT IS HEREBY STIPULATED AND AGREED that, upon the annexed declaration of Stephen H, Volkheimer in accordance with Local Civil Rule 1.4 of the Local Rules of the United States District Courts for the Southern District of New York, with the approval of Defendant, Esplanade Chestnut, LLC, and subject to the approval of the Court, David Todd Luntz, Esq., Hinman Straub, P.C., 121 State Street, Albany, New York 12207, hereby withdraws as counsel for defendant Esplanade Chestnut, LLC in the above-captioned matter, and Hiscock & Barclay,

LLP, 80 State Street, Albany, New York 12207, is hereby substituted in place of David Todd Luntz, Esq., Hinman Straub, P.C., as counsel of record for defendant Esplanade Chestnut, LLC in this action, effective as of the date indicated below. Attorney Stephen Henry Volkheimer for Esplanade Staten Island, LLC,Stephen Henry Volkheimer for Esplanade Venture Partnership,Stephen Henry Volkheimer for Esplanade of White Plains venture Partnership,Stephen Henry Volkheimer for Palisades Gardens Group, LLC added. Attorney David Todd Luntz terminated. (Signed by Judge Analisa Torres on 11/14/2013) (rsh) (Entered: 11/14/2013)

11/21/2013

34 STIPULATION AND ORDER PROVIDING FOR DEFENDANTS TO ANSWER THE AMENDED COMPLAINT AND EXTENDING THE TIME FOR DISCOVERY: IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel for Plaintiff Fair Housing Justice Center, Inc. and Defendants Esplanade Venture Partnership; Esplanade of White Plains Venture Partnership; Palisades Gardens Group, LLC; Esplanade Chestnut, LLC; Esplanade Staten Island, LLC.; and Chestnut Operating Company, LLC (collectively, "Defendants"): On November 8, 2013, Plaintiff filed a motion to amend its complaint, appended to which was a proposed amended complaint. Defendants consent to Plaintiffs filing of the proposed amended complaint. The amended complaint will be deemed to have been served on all defendants upon the ECF filing of this Stipulation and Order. Defendants will answer the amended complaint within 30 days thereafter. In light of the addition of a new defendant, the discovery schedule is amended as follows: By and through their attorney David Luntz, defendants Esplanade Venture Partnership; Esplanade of White Plains Venture Partnership; Palisades Gardens Group, LLC; and Esplanade Staten Island, LLC will serve written answers to Plaintiffs interrogatories and documents responsive to Plaintiffs document requests on or before December 6, 2013. Defendants will serve all interrogatories and document requests on Plaintiff on or before January 15, 2014. All parties will serve requests to admit on or before February 20, 2014. All fact discovery will be completed by April 1, 2014. All expert discovery will be completed by May 16, 2014. The partie's request is GRANTED. The parties shall file their pre-motion letters, if any, by May 30, 2014 and shall follow procedure set forth in Paragraph III of this Court's Individual Practices in Civil Cases. (Expert Discovery due by 5/16/2014., Fact Discovery due by 4/1/2014.) (Signed by Judge Analisa Torres on 11/21/2013) (rsh). Modified on 11/25/2013 (rsh). (Entered: 11/21/2013)

11/22/2013

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 11/22/2013. Case did not settle.

Conference adjourned to 1/06/2014 @ 2:30 PM. (Brantley, Michael) (Entered: 12/05/2013)

12/02/2013

35 ORDER: It is hereby ordered that (1) Plaintiff Fair Housing Justice Center submit to the Court a joint status report on behalf of Plaintiff and Defendants Esplanade Chestnut, LLC and Chestnut Operating Company, LLC and a separate joint status report on behalf of Plaintiff and the other Defendants on or before December 19, 2013;(2) The Parties shall appear before the Court for a subsequent settlement conference on January 6, 2014, at 2:30 p.m. ( Settlement Conference set for 1/6/2014 at 02:30 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 11/27/20113) (js) Modified on 12/2/2013 (js). (Entered: 12/02/2013)

12/18/2013

36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chestnut Operating Company, LLC, Esplanade Chestnut, LLC.(Volkheimer, Stephen) (Entered: 12/18/2013)

12/18/2013 37 ANSWER to 19 Amended Complaint,. Document filed by Chestnut Operating Company, LLC, Esplanade Chestnut, LLC.(Volkheimer, Stephen) (Entered: 12/18/2013)

12/19/2013

38 ANSWER to 19 Amended Complaint,. Document filed by Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC.(Luntz, David) (Entered: 12/19/2013)

12/20/2013

39 CERTIFICATE OF SERVICE of Answer to Amended Complaint. Document filed by Esplanade Staten Island, LLC, Esplanade Venture Partnership, Esplanade of White Plains venture Partnership, Palisades Gardens Group, LLC. (Luntz, David) (Entered: 12/20/2013)

01/06/2014

Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 1/6/2014. Settlement talks are ongoing;a subsequent conference is set for 2/6/14 @ 2:30 PM (Brantley, Michael) (Entered: 01/07/2014)

01/07/2014

40 ORDER: Following a conference before the Court on January 6, 2014, IT IS HEREBY ORDERED THAT: The Parties shall appear before the Court for a subsequent settlement conference on February 6, 2014, at 2:30 p.m. (Settlement Conference set for 2/6/2014 at 02:30 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 1/6/2014) (rsh) (Entered: 01/07/2014)

02/06/2014 41 LETTER addressed to Magistrate Judge Ronald L. Ellis from Stephen H. Volkheimer dated February 5, 2014 re: Settlement Conference on 1/6/14

wherein you requested a copy of a CD. Document filed by Chestnut Operating Company, LLC.(Volkheimer, Stephen) (Entered: 02/06/2014)

02/06/2014

Minute entry proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 2/6/2014 at 2:30 p.m. NO SETTLEMENT REACHED. (rsh) (Entered: 02/06/2014)

02/11/2014

42 ORDER: The Case Management Conference scheduled for February 14, 2014, is ADJOURNED. The conference is rescheduled to April 14, 2014, at 4:45 p.m. (Signed by Judge Analisa Torres on February 11, 2014) (Torres, Analisa) (Entered: 02/11/2014)

02/24/2014 43 NOTICE OF APPEARANCE by Elizabeth Rolande Gorman on behalf of Palisades Gardens Group, LLC. (Gorman, Elizabeth) (Entered: 02/24/2014)

02/24/2014

44 NOTICE OF APPEARANCE by Christo Chariton Hadjicharala on behalf of Palisades Gardens Group, LLC. (Hadjicharala, Christo) (Entered: 02/24/2014)

02/25/2014

45 NOTICE of Substitution of Attorney. Old Attorney: David T. Luntz, New Attorney: Elizabeth Gorman, Address: Milber Makris Plousadis & Seiden, LLP, 1000 Woodbury Road, Suite 402, Woodbury, New York, USA 11797, 516-712-4000. Document filed by Palisades Gardens Group, LLC. (Gorman, Elizabeth) (Entered: 02/25/2014)

02/26/2014

46 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Diane L. Houk dated 2/26/2014. Document filed by Fair Housing Justice Center, Inc.. (Attachments: # 1 Supplement Stipulation and Order Suspending the Discovery Schedule)(Houk, Diane) (Entered: 02/26/2014)

02/26/2014

47 STIPULATION AND ORDER SUSPENDING THE DISCOVERY SCHEDULE. In light of ongoing settlement discussions among the parties and the appearance of new counsel on behalf of Defendant Palisades Garden Group, LLC, the amended discovery schedule soordered by the Court on November 21, 2013 is suspended. The parties will file a joint status report no later than the earlier of: two weeks after learning whether Magistrate Judge Ronald L. Ellis intends to schedule further settlement conferences or March 27, 2014. (Signed by Judge Analisa Torres on 2/26/2014) (rjm) (Entered: 02/26/2014)

03/27/2014

48 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Diane L. Houk dated 3/27/2014. Document filed by Fair Housing Justice Center, Inc.. (Attachments: # 1 Text of Proposed Order Stipulation and Order Amending Scheduling Order)(Houk, Diane) (Entered: 03/27/2014)

03/27/2014

49 STIPULATION AND ORDER AMENDING SCHEDULING ORDER: The case management conference scheduled for April 14, 2014, is ADJOURNED. The conference is rescheduled to September 12, 2014, at 4:00 p.m., ( Fact Discovery due by 8/29/2014., Expert Discovery due by 10/17/2014., Case Management Conference set for 9/12/2014 at 04:00 PM before Judge Analisa Torres.), Motions terminated: 46 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Diane L. Houk dated 2/26/2014. filed by Fair Housing Justice Center, Inc., 48 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Diane L. Houk dated 3/27/2014. filed by Fair Housing Justice Center, Inc. (Signed by Judge Analisa Torres on 3/27/2014) (lmb) (Entered: 03/27/2014)

04/07/2014

50 ORDER: IT IS HEREBY ORDERED that the Parties appear for a TELEPHONIC CONFERENCE with the Court on April 15, 2014, at 10:00 a.m. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, 500 Pearl Street, Room 1970, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (Telephone Conference set for 4/15/2014 at 10:00 AM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 4/7/2014) (mro) Modified on 4/9/2014 (mro). (Entered: 04/07/2014)

04/09/2014

51 LETTER MOTION to Adjourn Conference on April 15, 2014 addressed to Magistrate Judge Ronald L. Ellis from Stephen H. Volkheimer, Esq. dated April 9, 2014. Document filed by Chestnut Operating Company, LLC, Esplanade Chestnut, LLC. Return Date set for 4/15/2014 at 10:00 AM.(Volkheimer, Stephen) (Entered: 04/09/2014)

04/09/2014

52 ORDER granting 51 Letter Motion to Adjourn Conference. The telephone conference is adjourned to April 23, 2014, at 10:00 a.m. Telephone Conference set for 4/23/2014 at 10:00 AM before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 4/9/2014) (mro) (Entered: 04/09/2014)

04/23/2014

Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 4/23/2014 at 10:00 a.m. (rsh) (Entered: 04/23/2014)

06/27/2014

53 LETTER MOTION for Conference addressed to Magistrate Judge Ronald L. Ellis from Elizabeth Gorman dated June 27, 2014. Document filed by Palisades Gardens Group, LLC.(Gorman, Elizabeth) (Entered: 06/27/2014)

07/02/2014 54 NOTICE OF APPEARANCE by Efrem Tobias Schwalb on behalf of Chestnut Operating Company, LLC, Esplanade Chestnut, LLC. (Schwalb, Efrem) (Entered: 07/02/2014)

07/02/2014

55 NOTICE of Substitution of Attorney. Old Attorney: Hiscock & Barclay LLP, New Attorney: Koffsky Schwalb LLC, Address: Koffsky Schwalb LLC, 349 Fifth Avenue, New York, New York, USA 10016, 6465531590. Document filed by Esplanade Chestnut, LLC. (Schwalb, Efrem) (Entered: 07/02/2014)

07/03/2014 56 NOTICE OF APPEARANCE by Efrem Tobias Schwalb on behalf of Chestnut Operating Company, LLC, Esplanade Chestnut, LLC. (Schwalb, Efrem) (Entered: 07/03/2014)

07/03/2014

58 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR DEFENDANTS ESPLANADE CHESTNUT, LLC AND CHESTNUT OPERATING COMPANY, LLC. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of Koffsky Schwalb LLC hereby is substituted in place and in the stead of the law firm Hiscock & Barclay, LLP as counsel of record for defendants Esplanade Chestnut LLC and Chestnut Operating Company LLC in the above captioned action. PLEASE TAKE NOTICE that all pleadings, notices of hearing, and other filings in this matter be served upon the undersigned incoming counsel at the address set forth below. Attorney Stephen Henry Volkheimer terminated. (Signed by Judge Analisa Torres on 7/3/2014) (rjm) (Entered: 07/07/2014)

07/04/2014 57 NOTICE OF APPEARANCE by Mark Ira Koffsky on behalf of Chestnut Operating Company, LLC, Esplanade Chestnut, LLC. (Koffsky, Mark) (Entered: 07/04/2014)

07/29/2014

59 NOTICE OF CHANGE OF ADDRESS by Diane Lee Houk on behalf of Fair Housing Justice Center, Inc.. New Address: Emery Celli Brinckerhoff & Abady LLP, 600 Fifth Avenue, 10th Floor, New York, NY, USA 10020, 212-763-5000. (Houk, Diane) (Entered: 07/29/2014)

07/29/2014

60 NOTICE OF CHANGE OF ADDRESS by Hayley Horowitz on behalf of Fair Housing Justice Center, Inc.. New Address: Emery Celli Brinckerhoff & Abady LLP, 600 Fifth Avenue, 10th Floor, New York, NY, USA 10020, 212-763-5000. (Horowitz, Hayley) (Entered: 07/29/2014)

08/04/2014

61 STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION: Regarding procedures to be followed that shall govern the handling of confidential material. (See Order). (Signed by Judge Analisa Torres on 8/1/2014) (ajs) (Entered: 08/04/2014)

08/22/2014

62 LETTER MOTION for Conference addressed to Magistrate Judge Ronald L. Ellis from Elizabeth Gorman dated August 22, 2014. Document filed by Palisades Gardens Group, LLC.(Gorman, Elizabeth) (Entered: 08/22/2014)

08/22/2014

63 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Hayley Horowitz dated 8/22/2014. Document filed by Fair Housing Justice Center, Inc.. (Attachments: # 1 Text of Proposed Order Stipulation and Order Amending Scheduling Order)(Horowitz, Hayley) (Entered: 08/22/2014)

08/22/2014

64 LETTER MOTION for Conference re: Discovery Disputes addressed to Judge Analisa Torres from Hayley Horowitz dated 8/22/2014. Document filed by Fair Housing Justice Center, Inc..(Horowitz, Hayley) (Entered: 08/22/2014)

08/25/2014

NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Analisa Torres is no longer assigned to the case. (sjo) (Entered: 08/25/2014)

09/08/2014

65 ORDER granting 63 Letter Motion for Extension of Time to Complete Discovery; granting 64 Letter Motion for Conference. It is hereby, ORDERED that counsel review and comply with the Court's Individual Rules and Procedures. Counsel are further directed to appear for a status conference on September 12, 2014, at 10:00 a.m., in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties should be prepared to discuss the discovery disputes raised in their August 22, 2014, letter at the status conference. It is FURTHER ORDERED that the parties' joint request to adjourn the deadlines for discovery is GRANTED. All fact discovery shall be completed no later than October 28, 2014, and all expert discovery shall be completed by December 16, 2014. The Clerk of Court is directed to terminate Docket Entry 63 and Docket Entry 64. (Status Conference set for 9/12/2014 at 10:00 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/8/2014) (kgo) (Entered: 09/08/2014)

09/08/2014

Set/Reset Deadlines: Expert Discovery due by 12/16/2014. Fact Discovery due by 10/28/2014. (kgo) (Entered: 09/08/2014)

09/10/2014

66 FIRST LETTER MOTION to Adjourn Conference scheduled for September 12, 2014 addressed to Judge Valerie E. Caproni from ELIZABETH R. GORMAN dated September 10, 2014. Document filed by Palisades Gardens Group, LLC.(Hadjicharala, Christo) (Entered: 09/10/2014)

09/11/2014

67 SETTLEMENT CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for SETTLEMENT. A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON SEPTEMBER 16, 2014, AT 2:30 P.M. IN COURTROOM 11C, 500 PEARL STREET. All counsel must be present. Plaintiff's counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. (Settlement Conference set for 9/16/2014 at 02:30 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 9/11/2014) (djc) (Entered: 09/11/2014)

09/11/2014

68 ORDER granting 66 Letter Motion to Adjourn Conference. The parties request to adjourn the conference scheduled for September 12, 2014, is GRANTED. The conference shall be held on October 2, 2014, at 11:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007; as further set forth herein. Any request for an extension or adjournment shall be made by letter as provided in Individual Rules 1C and must be received at least 48 hours before the deadline or conference. The Clerk of Court is directed to terminate Docket Entry 66. Status Conference set for 10/2/2014 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/11/2014) (mro) (Entered: 09/12/2014)

09/16/2014

Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 9/16/2014 at 2:30 pm. No Settlement Reached. (rsh) (Entered: 09/17/2014)

09/17/2014 69 NOTICE OF APPEARANCE by Nahid Sorooshyari on behalf of Fair Housing Justice Center, Inc.. (Sorooshyari, Nahid) (Entered: 09/17/2014)

09/22/2014

70 LETTER MOTION to Adjourn Conference and a Stay of Discovery until October 29, 2014 addressed to Judge Valerie E. Caproni from Diane L. Houk dated 9/22/2014. Document filed by Fair Housing Justice Center, Inc..(Houk, Diane) (Entered: 09/22/2014)

09/24/2014

71 ORDER granting 70 Letter Motion to Adjourn Conference. Request GRANTED. Discovery is stayed until October 29, 2014. The conference scheduled for October 2, 2014, is ADJOURNED to October 31, 2014, at 10:00 a.m. if no settlement is filed with the Court before that date. SO ORDERED. Status Conference set for 10/31/2014 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/24/2014) (mro) (Entered: 09/24/2014)

10/29/2014 72 SECOND LETTER MOTION to Adjourn Conference and a Stay of Discovery until November 7, 2014 addressed to Judge Valerie E. Caproni

from Diane L. Houk dated 10/28/2014. Document filed by Fair Housing Justice Center, Inc..(Houk, Diane) (Entered: 10/29/2014)

10/30/2014

73 ORDER granting 72 Letter Motion to Adjourn Conference. Request GRANTED. The conference scheduled for October 31, 2014, is ADJOURNED to November 7, 2014, at 10:00 a.m. SO ORDERED. Status Conference set for 11/7/2014 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/30/2014) (mro) (Entered: 10/30/2014)

11/06/2014 74 NOTICE of Consent to Proceed Before US Magistrate Judge Ronald L. Ellis. Document filed by Fair Housing Justice Center, Inc.. (Sorooshyari, Nahid) (Entered: 11/06/2014)

11/06/2014

75 FIRST LETTER addressed to Judge Valerie E. Caproni from Nahid Sorooshyari dated 11/6/2014 re: Proceed Before Magistrate Judge and Cancel Conference. Document filed by Fair Housing Justice Center, Inc..(Sorooshyari, Nahid) (Entered: 11/06/2014)

11/06/2014

76 MEMO ENDORSEMENT on re: 75 Letter filed by Fair Housing Justice Center, Inc.. ENDORSEMENT: Request GRANTED. The conference scheduled for November 7, 2014, is ADJOURNED sine die. (Signed by Judge Valerie E. Caproni on 11/6/2014) (kgo) (Entered: 11/06/2014)

11/06/2014

77 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge Valerie E. Caproni on 11/6/2014) (kgo) (Entered: 11/06/2014)

11/07/2014

78 ORDER: IT IS HEREBY ORDERED that the Parties are scheduled for a TELEPHONIC CONFERENCE with the Court on November 12, 2014 at 2:30 p.m. On the day of the conference, the Parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-8050563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. SO ORDERED. ( Telephone Conference set for 11/12/2014 at 02:30 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 11/07/2014) (ama) (Entered: 11/07/2014)

11/12/2014

Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 11/12/2014 at 2:30 p.m. (rsh) (Entered: 11/12/2014)

12/11/2014

79 SETTLEMENT AGREEMENT: NOW, THEREFORE, it is hereby stipulated and agreed, by and among the Parties, that all claims shall be comprised, settled, released, and dismissed upon and subject to the terms of this Agreement, as follows, and as set further set forth herein. 2. All obligations under this Agreement, unless otherwise specified. shall commence within thirty (30) days from the date that this Agreement is so-ordered by the Court and shall continue for a period of four (4) years from that date. 7. Defendants shall pay Plaintiff and its attorneys, Emery Celli Brinckerhoff & Abady LLP ("ECBA")and MFY Legal Services, Inc., the total sum of Two-Hundred-Ninety-Seven Thousand and Five Hundred Dollars ($297,500) in full and final settlement of all of Plaintiff's claims in this Action, including but not limited to damages, attorneys' fees, and costs (the "Settlement Amount"), and as further set forth herein. (Signed by Magistrate Judge Ronald L. Ellis on 12/10/2014) (djc) (Entered: 12/11/2014)

01/08/2015

80 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Esplanade Chestnut, LLC.(Schwalb, Efrem) Modified on 1/9/2015 (km). (Entered: 01/08/2015)

01/09/2015

***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Efrem Schwalb Document 80 Stipulation of Voluntary Dismissal was referred to Magistrate Judge Ronald L. Ellis for approval. (km) (Entered: 01/09/2015)

01/12/2015

81 STIPULATION AND ORDER OF DISMISSAL: This action is hereby dismissed with prejudice, pursuant to the terms of the Settlement Agreement and Order signed by the Court on December 11, 2014. 2. The Court shall retain jurisdiction over this action for the sole purpose of enforcing compliance with the terms of the Settlement Agreement and Order. (Signed by Magistrate Judge Ronald L. Ellis on 1/12/2015) (djc) (Entered: 01/12/2015)

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1:13-cv-03600RLE 1.20

 
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Case 1:13-cv-03600-RLE Document 19 Filed 10/02/13 Page 2 of 33
routinely subject prospective residents to intrusive and discriminatory medical inquiries as a precondition to renting an apartment. These policies were aptly described by one site’s Director of Marketing in 2012, when she explained that new residents “have to come in vertical, ambulatory.”
2. All five sites use a common application form that inquires about a prospective tenant’s disabilities and religion, including whether applicants are “currently practicing” their religion. Employees openly state that most of the residents at the communities are Jewish seniors and one has described life there as being like “the Jewish hotel experience.”
3. To add insult to injury, The Esplanade Residences’ marketing materials, including websites and brochures, contain more than 200 human models used to depict only white residents. In sharp contrast, the human models used by Defendants to depict employees in the same marketing materials include non-white and white human models. This racially exclusive marketing campaign indicates a preference by Defendants for white residents.
4. Although it has been well settled for decades that such conduct violates federal, state, and local fair housing laws, the owners of The Esplanade Residences, openly ignoring their legal obligations, deny equal housing opportunity to seniors throughout the New York City metropolitan area because of disability, religion, and race.
JURISDICTION AND VENUE 5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343, 28 U.S.C. § 2201, and 42 U.S.C. § 3613. This Court has supplemental jurisdiction over the New York State law claims pursuant to 28 U.S.C. § 1367. 6. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1) because five of the six defendants, Esplanade Venture Partnership, Esplanade of White Plains
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Case 1:13-cv-03600-RLE Document 19 Filed 10/02/13 Page 3 of 33
Venture Partnership, Palisades Gardens Group, LLC, Esplanade Chestnut, LLC and Chestnut Operating Company, LLC - are incorporated and conduct business in this District. Defendant Esplanade Staten Island, LLC is incorporated and conducts business in Richmond County in the State of New York. In addition, venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events giving rising to the claims occurred in this District.
THE PARTIES 7. Plaintiff FHJC is a non-profit organization dedicated to ensuring that all people have equal access to housing opportunities in the greater New York City region by eliminating housing discrimination and creating open, accessible, and inclusive communities. The FHJC’s principal office is located in the Southern District of New York. 8. Among other things, the FHJC, a) provides information to the public and other nonprofit organizations in the New York City regional area about fair housing laws, b) provides intake counseling to individuals and organizations with allegations of housing discrimination, c) conducts testing and other investigations of allegations of housing discrimination, d) makes legal referrals to cooperating attorneys, e) assists with the preparation and filing of administrative housing discrimination complaints, and f) provides post-referral litigation support services. The FHJC provides these services free of charge and without regard to income. 9. The FHJC also conducts testing investigations for government law enforcement agencies, provides technical assistance to nonprofit organizations engaging in fair housing enforcement activities, and engages in policy initiatives that further the FHJC’s mission, including the publication and dissemination of reports and educational materials. 10. The FHJC employs individuals as “testers,” who are persons that pose as renters or homebuyers for the purpose of obtaining information about the conduct of local
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Case 1:13-cv-03600-RLE Document 19 Filed 10/02/13 Page 4 of 33
governments, landlords, real estate companies, agents, and others to determine whether illegal housing discrimination is taking place.
11. The FHJC expended staff time and other resources to investigate and respond to Defendants’ discriminatory operation of their residences, which diverted resources away from other FHJC activities.
12. Defendants’ discriminatory practices frustrated the FHJC’s mission to ensure that all people have equal access to housing opportunities in the greater New York City region by, among other things, making housing unavailable because of disability, religion, and race.
13. Upon information and belief, Defendant Esplanade Venture Partnership is the owner and lessor of The Esplanade Manhattan, which is located in the District in New York County at 305 West End Avenue, New York, New York 10023. Upon information and belief, Defendant Esplanade Venture Partnership is a New York partnership doing business in the District. Upon information and belief, The Esplanade Manhattan has approximately 160 rental apartments.
14. Upon information and belief, Defendant Esplanade of White Plains Venture Partnership is the owner and lessor of The Esplanade White Plains, which is located in the District in Westchester County at 95 South Broadway, White Plains, New York 10601. Upon information and belief, Defendant White Plains Venture Partnership is a New York partnership doing business in the District. Upon information and belief, The Esplanade White Plains has approximately 160 rental apartments.
15. Upon information and belief, Defendant Palisades Gardens Group, LLC is the owner and lessor of The Esplanade at Palisades, which is located in the District in Rockland
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County at 640 Oak Tree Road, Palisades, New York 10964. Upon information and belief, Defendant Palisades Gardens Group, LLC is a New York corporation doing business in the District. Upon information and belief, The Esplanade at Palisades has approximately 94 rental apartments.
16. Upon information and belief, Defendant Esplanade Staten Island, LLC is the owner and lessor of The Esplanade Staten Island, which is located at 1415 Richmond Avenue, Staten Island, New York 10314. Upon information and belief, Defendant Esplanade Staten Island, LLC is incorporated in and conducts business in the State of New York. Upon information and belief, The Esplanade Staten Island has approximately 143 rental apartments.
17. Upon information and belief, Defendant Esplanade Chestnut, LLC is the owner and lessor of the premises, which is located in the District in Rockland County at 168 Red School House Road, Chestnut Ridge, New York 10977. Upon information and belief, Defendant Esplanade Chestnut, LLC is a New York corporation doing business in the District.
18. Defendant Chestnut Operating Company, LLC leases the premises, which is located at 168 Red School House Road, Chestnut Ridge, New York 10977, and operates The Esplanade at Chestnut Ridge on said premises. Upon Information and belief, Defendant Chestnut Operating Company, LLC is a New York corporation doing business in the District. Upon information and belief, The Esplanade at Chestnut Ridge has approximately 91 rental apartments.
19. As owner and lessor, Defendant Esplanade Chestnut, LLC, retains control over lessee Defendant Chestnut Operating Company, LLC’s operation of The Esplanade at Chestnut Ridge. At least one of the individual members of each of the limited liability corporations that own and operate The Esplanade at Chestnut Ridge is a member of the Laufer
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family. 20. The lease agreement between Defendant Esplanade Chestnut, LLC and
Defendant Chestnut Operating Company, LLC specifies that Defendant Esplanade Chestnut, LLC retains the right to terminate the lease upon 90 days notice and that both parties “agree[] to comply with all regulations of New York State Department of Health and any other agency having regulatory control over either party.”
21. Upon information and belief, as set forth below, Defendant Chestnut Operating Company, LLC has failed to comply with the regulations of the New York State Department of Health and other agencies having regulatory control over Defendant Chestnut Operating Company, LLC that prohibit discrimination on the basis of disability.
FACTUAL ALLEGATIONS Background - The Esplanade Residences
22. Defendants all publish information about and advertise the locations, amenities, apartment floor plans, and common family-owned operation of The Esplanade Manhattan, The Esplanade White Plains, The Esplanade at Palisades, The Esplanade at Chestnut Ridge, and The Esplanade Staten Island (collectively, “The Esplanade Residences”) on the same website – www.esplanadesenior.com.
23. This website describes The Esplanade Residences “as a ‘new home’ where seniors can enjoy all the freedom of an independent lifestyle, with none of the worries that accompany household management.”
24. This website refers to The Esplanade Residences as being “family-owned” by “the Scharf Family.”
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25. Defendant Esplanade Venture Partnership maintains a website at http://www.esplanademanhattan.com, Defendant Esplanade Chestnut LLC and/or Defendant Chestnut Operating Company, LLC maintains a website at www.esplanadechestnutridge.com, and Defendant Palisades Gardens Group, LLC maintains a website at www.esplanadeatpalisades.com. These three websites provide information about The Esplanade Manhattan, The Esplanade at Chestnut Ridge, and The Esplanade at Palisades, respectively.
26. The website for The Esplanade at Chestnut Ridge states that Chestnut Ridge is “personally managed and owned by the Scharf and Laufer families.”
27. Defendants all use the same four-page general information print brochure describing “The Esplanade Lifestyle” and providing information about The Esplanade Residences.
28. Upon information and belief, all The Esplanade Residences include independent living apartments within a common physical structure akin to an apartment complex or hotel where people may participate in communal meals and activities, but live independently in separate apartments.
29. Defendants provide rental agreements for individual apartments at The Esplanade Residences. The rental price of each apartment includes meals and non-medical services, such as apartment cleaning services, transportation, and recreational activities.
30. Medical services and assistance with activities of daily living are available at The Esplanade Residences only through other third-party providers, at an extra charge.
31. For example, upon information and belief, the Hudson Valley Assisted Living Program provides assisted living services to some residents at The Esplanade at Chestnut Ridge.
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32. At nursing homes and other facilities that are licensed by the New York State Department of Health (“DOH”), subjecting applicants to detailed health inquiries may be legally justifiable. Upon information and belief, the independent living apartments at The Esplanade Residences are not, however, DOH-licensed units. None of the apartments at The Esplanade Manhattan, The Esplanade White Plains, The Esplanade at Palisades, and The Esplanade Staten Island, are licensed by the DOH or any other relevant state agency such as: an adult care facility, as that term is defined by Section 2(21) of the New York Social Services Law (NYSSL); an adult home, as that term is defined by Section 2(25) of the NYSSL; an intermediate care facility, as that term is defined by Section 2(30) of the NYSSL; an assisted living residence or assisted living, as those terms are defined by Section 4651(1) of the New York Public Health Law (NYPHL); a hospital, as that term is defined by Section 2801(1) NYPHL; a nursing home, as that term is defined by Section 2801(2) of the NYPHL; or a residential health care facility, as that term is defined by Section 2801(3) of the NYPHL.
33. The Esplanade Residences are dwellings as defined by Section 802(b) of the Fair Housing Act to include “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.”
34. The Esplanade Residences are housing accommodations, as defined by Article 15, § 292(10) of the New York State Human Rights Law and § 8-102(10) of the New York City Administrative Code to include “any building . . . which is used or occupied . . . as the home, residence or sleeping place of one or more human beings.” Defendants’ Discriminatory Statements and Advertising
35. In general, the use of human models in advertising personalizes the advertisements and encourages consumers to identify themselves in a positive way with the
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models and housing featured. 36. During the past nine months, and including April and May of 2013, FHJC
staff reviewed the various Esplanade websites, brochures given to testers, and other marketing materials. FHJC observed that human models are used in these print and on-line formats to represent actual or potential residents, or the type of potential residents that The Esplanade Residences have targeted as desirable occupants. As described in greater detail below, the more than 200 human models used by Defendants to depict residents are all white. In sharp contrast, the human models used by Defendants to depict staff include non-white and white human models. To the ordinary reader, the repeated and continued depiction of only white human models as residents indicates an impermissible racial preference by Defendants for white residents.
37. Defendants jointly operate the website described above, containing human models used to depict residents and others at the five senior communities. Since at least September 2012, all of the human models on Defendants’ joint website have been white. Upon information and belief, the only exception to this pattern has been a photograph of one younger African American man pouring a beverage for an elderly white man seated at a dining table.
38. Defendants give a brochure describing The Esplanade Residents to prospective residents who visit the five communities, including to FHJC testers. Defendants’ promotional brochure contains human models used to depict residents of The Esplanade Residences. Since at least September 2012, the brochure has contained more than 15 such human models and all of them have been white.
39. The website maintained by Defendant Esplanade Chestnut, LLC contains human models used to depict residents of The Esplanade at Chestnut Ridge. Since at least
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September 2012, the website has contained more than 40 such human models and all of them have been white.
40. The website maintained by Defendant Palisades Gardens Group, LLC contains human models used to depict residents of The Esplanade at Palisades. Since at least September 2012, the website has contained more than 55 such human models and all of them have been white.
41. The website maintained by Defendant Esplanade Venture Partnership contains human models used to depict residents of The Esplanade Manhattan. Since at least September 2012, the website has contained more than 75 such human models and all of them have been white.
42. In a New York Times article, an employee of The Esplanade Manhattan referred to life at that residence as “the Jewish hotel experience.”
43. During 2012, employees at The Esplanade Manhattan, The Esplanade White Plains, and The Esplanade at Palisades orally inquired about the religion of prospective residents and pointed out that the vast majority of residents were Jewish. Defendants’ Discriminatory Policies Against People Who Use Wheelchairs
44. All of The Esplanade Residences have elevators. 45. The Esplanade Manhattan refuses to rent to prospective residents who use wheelchairs. 46. The Esplanade Manhattan requires current residents who start using wheelchairs after they become residents to eat in a separate dining room from residents who do not use wheelchairs.
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47. The Esplanade Manhattan, The Esplanade Staten Island and The Esplanade at Palisades refuse to rent to prospective residents who use motorized wheelchairs.
48. The Esplanade at White Plains, The Esplanade Staten Island, and The Esplanade at Chestnut Ridge refuse to rent to prospective residents who use wheelchairs and cannot transfer in and out of the wheelchair independently.
49. The Esplanade at Chestnut Ridge will not rent to prospective residents who use wheelchairs if there is not an available apartment on the first floor of the residence. The exclusionary effect of this limitation is reinforced by the fact that The Esplanade at Chestnut Ridge gives priority for first floor apartments to current residents, regardless of their mobility. Thus, a prospective resident who uses a wheelchair would be able to rent an apartment only if there is a first floor apartment vacant and a current resident on the second floor does not wish to move to the first floor. Defendants’ Discriminatory Application Process
50. Defendants use a uniform application process to lease apartments at The Esplanade Residences.
51. Defendants’ application process includes inquiries into a prospective resident’s disability and religion.
52. Before a prospective resident can lease an apartment, Defendants require a prospective resident to complete an application packet.
53. Defendants’ application packet includes medical forms that have to be completed by a doctor.
54. A sample application and move-in packet provided to one of the FHJC’s testers included a Healthcare Information Form, a Physician’s Report, and a Health Insurance
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Portability and Accountability Act (HIPAA) release form. 55. Defendants require the submission of a medical release form, and a
prospective resident will not be considered for housing unless he or she submits it. 56. Defendants use these medical forms to obtain information about whether a
prospective resident has a disability, and, if so, the extent of that disability. 57. Defendants base their decisions about whether or not to rent to prospective
residents on the information contained in the completed medical forms. 58. Defendants provide prospective tenants with a Residency Service
Agreement, which states, “Admission Criteria: The parties to this agreement understand that The Esplanade is a residential facility providing lodging, board, and housekeeping services. Provider may refuse to admit or retain Resident if in Provider’s sole judgment, Resident is not physically, mentally, or emotionally able to reside in facility.”
59. In their application packet, Defendants also inquire about the religion of a prospective resident.
60. The Resident Background Form, which is part of the Defendants’ application packet, requires prospective residents to disclose their religion and whether they are “practicing.” The FHJC’s Investigation of The Esplanade Residences
61. In September 2012, the FHJC received a complaint, alleging that The Esplanade Staten Island was refusing to rent to people because of disability.
62. In response to this complaint, the FHJC conducted an investigation.
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63. The FHJC gathered and reviewed background information regarding The Esplanade Residences from numerous sources, including their websites, brochures, and other print and internet-based promotional materials.
64. The background information included a series of letters that were published in The Staten Island Advance during August and September 2012.
65. On approximately August 28, 2012, The Staten Island Advance published a letter in which a person alleged that “wheelchair-users are not allowed to live [at The Esplanade Staten Island] at all, AND cannot even visit the residents there overnight.”
66. On approximately September 2, 2012, The Staten Island Advance published a letter by an employee of The Esplanade Staten Island.
67. Instead of denying the allegation, the employee of The Esplanade Staten Island wrote: “The Esplanade is a community catering to active independent senior residents. The Esplanade is not an assisted-living facility. As such, our residents are ambulatory and do not require the use of wheelchairs.”
68. Based on the complaint and the background investigation, the FHJC conducted a testing investigation at The Esplanade Residences from November 2012 through February 2013.
69. As part of the FHJC’s testing investigation, testers made telephone calls to each of The Esplanade Residences to gather preliminary information, and then two assigned testers visited each location posing as individuals seeking housing that would provide independent living for an elderly relative. One of these testers inquired on behalf of a nondisabled relative, and the other tester inquired on behalf of a relative with disabilities who uses a wheelchair.
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70. Audio recordings were made of contacts between the testers and agents for The Esplanade Residences. Testing at The Esplanade Manhattan
71. On approximately November 15, 2012, the FHJC had JD, a female tester, call The Esplanade Manhattan, to inquire about an apartment for her mother. JD was told that “Marcy” could give her information on pricing and touring the building. Upon information and belief, “Marcy” is Marcy Salwen Levitt, who is the Executive Director of The Esplanade Manhattan. During the telephone call, JD spoke to Ms. Levitt and told her that she was calling about her mother. Ms. Levitt said that The Esplanade Manhattan is basically independent living so everyone coming in has to be “ambulatory, cognitively alert.” When JD inquired what Ms. Levitt meant by “ambulatory,” Ms. Levitt told her that a person cannot use a wheelchair or scooter. JD told Ms. Levitt that her mother uses a wheelchair, and Ms. Levitt confirmed that her mother could not live at The Esplanade Manhattan. Ms. Levitt did not offer to show JD or her mother any apartments.
72. On approximately November 28, 2012, the FHJC had SD, a male tester, visit The Esplanade Manhattan, to inquire about an apartment for his father. SD was introduced to Joan Weiss, who is the Director of Marketing for The Esplanade Manhattan. After asking how old SD’s father is, Ms. Weiss asked SD whether his father is “ambulatory” and “cognitively alert.” After SD indicated that his father is ambulatory and cognitively alert, Ms. Weiss explained that The Esplanade Manhattan is “independent living” and reiterated that his father would have to be ambulatory and cognitively alert. SD again assured Ms. Weiss that his father was, and the conversation proceeded. SD asked to see an apartment, and Ms. Weiss gave him her card and invited him to call her for an appointment to be shown an apartment.
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73. During this visit, Ms. Weiss noted that the food at The Esplanade Manhattan is kosher, and she asked SD whether he is Jewish. When SD responded that he is Jewish, Ms. Weiss told him that the owners are kosher, the dining room is kosher, and the residents are predominantly Jewish.
74. SD and Ms. Weiss exchanged telephone messages later in the day to schedule another visit to The Esplanade Manhattan on November 29, 2012. During this visit, Ms. Weiss asked SD a number of questions about his father’s health, including if he is “fully functioning,” whether he cooks for himself, and whether he still drives. Ms. Weiss then showed SD the dining room, a one-bedroom apartment, a studio apartment, and the library. While giving him a tour, Ms. Weiss reiterated that The Esplanade Manhattan is “independent living,” and she asked whether SD’s father uses a walker. Ms. Weiss also explained that SD’s father and his doctor would have to fill out a form. Before SD left, she encouraged SD to set up an appointment for his father to come to The Esplanade Manhattan for lunch.
75. Earlier that same day, the FHJC had MD, a female tester, visit The Esplanade Manhattan, to inquire about an apartment for her sister. After introducing herself, Ms. Weiss asked how old MD’s sister was. When MD said that her sister was 65, Ms. Weiss expressed skepticism that someone who was 65 would need “independent living for seniors.” When MD noted that her sister uses a wheelchair, Ms. Weiss explained to MD that her sister could not live at The Esplanade Manhattan because prospective residents cannot use a wheelchair. MD explained that her sister is independent, but Ms. Weiss said that The Esplanade Manhattan was not the right environment for MD’s sister and suggested that she look for “supportive housing.” When MD protested, Ms. Weiss explained that The Esplanade Manhattan does not take prospective residents who use wheelchairs because “you have to be ambulatory and
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cognitively alert.” Ms. Weiss insisted that, “to qualify as independent, you have to come in vertical, ambulatory.” Although some current residents use wheelchairs because they have aged in place, Ms. Weiss explained, “We don’t even allow wheelchairs in the dining room.” Ms. Weiss told MD that residents who use wheelchairs eat in a separate room with their aides. When MD asked why those residents are segregated, Ms. Weiss explained that that is “the rule” at The Esplanade Manhattan because “it depresses the elderly” and “they don’t want to see [residents using wheelchairs].” Before ending the conversation, Ms. Weiss suggested that MD contact the “office of the aging” to find out about “handicap housing” for her sister. Testing at The Esplanade White Plains
76. On approximately September 15, 2012, the FHJC had BT, a female tester, call The Esplanade White Plains and speak to Doron Kathein. Upon information and belief, Mr. Kathein is the Director of Marketing and Community Relations at The Esplanade White Plains. BT presented herself as a woman searching for an apartment to rent on behalf her mother. Mr. Kathein told BT that her mother’s physician would have to complete a report as an initial assessment. Mr. Kathein told BT that they may determine that her mother does not fit into the residence; in that case, they would refund any deposits already paid and refer her to a nursing home. At that point, BT told Mr. Kathein that her mother uses a wheelchair. Mr. Kathein asked if she needs helpers or could move herself, and BT responded that her mother could move herself. Mr. Kathein also asked how old her mother was, and BT responded that she was 75 years old. Mr. Kathein asked BT again if her mother needs help bathing and grooming, and BT repeated that she is able to move and groom herself. BT told Mr. Kathein that she would call back to schedule a visit.
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77. On approximately December 5, 2012, the FHJC had LD, a female tester, call The Esplanade White Plains to inquire about an apartment for her father. LD spoke to “Gail” and set up an appointment to visit the next day. Upon information and belief, “Gail” is Gail Sterling, the Assistant Director of Marketing at The Esplanade White Plains.
78. On approximately December 6, 2012, LD arrived at The Esplanade White Plains to meet with Ms. Sterling. Sterling asked how old LD’s father was and then, when she found out he was 74, commented that he was young. Ms. Sterling asked LD why her father needed or wanted to move, and LD said that he was healthy and ambulatory but had some hearing loss and was moving more slowly with age. Ms. Sterling asked LD where her mother was living currently. When LD responded that her mother had passed away, Ms. Sterling asked LD if her father was depressed. LD responded that he was not depressed. Ms. Sterling asked LD about her father’s support system and told LD that she was trying to figure out why he wanted to move since he was in good health and young. Ms. Sterling asked LD if her father was under a physician’s care or on any medications. When LD responded that he was not sure, Ms. Sterling said she would have to know more about his health status to see what The Esplanade White Plains could offer him.
79. During this visit, Ms. Sterling asked LD about her father’s religious background. When LD responded that her father does not have a religion, Ms. Sterling told LD that “everyone has a religion.” LD responded that neither she nor her father were brought up with or currently has a religion. Ms. Sterling asked if her father is an atheist, and LD responded that she supposed so.
80. During this visit, LD asked Ms. Sterling about the application process. Ms. Sterling told LD that the medical information is the most important part and they also need
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information on who, if anyone, is the executor of a will and the healthcare proxy. Ms. Sterling told LD that they keep the deposit until the medical information is made available. Ms. Sterling showed LD an apartment for which another applicant had put down a deposit but had not submitted his or her medical forms. Ms. Sterling told LD that not receiving the medical forms is a red flag and the apartment was therefore available.
81. On approximately December 14, 2012, the FHJC had MG, a male tester, call Mr. Kathein to inquire about an apartment for his mother. They set up an appointment for later that same day.
82. At approximately 2:00 p.m., MG arrived at The Esplanade White Plains and met with Mr. Kathein. Mr. Kathein asked MG how old his mother was, and MG responded that she was 72 years old. Mr. Kathein asked MG if his mother drives, and MG responded that she does not and that she has had multiple sclerosis for most of her life. MG told Mr. Kathein that his mother uses a wheelchair but is able to transfer herself independently, which Mr. Kathein said means “self-propelled.” Mr. Kathein told MG that as long as his mother is “self-propelled,” that would be acceptable.
83. Mr. Kathein told MG that his mother’s physician would have to complete a medical form. Mr. Kathein told MG this is the first step in the assessment of a prospective resident, even before financial information. Testing at The Esplanade at Palisades
84. On approximately November 15, 2012, the FHJC had BT, a female tester, call The Esplanade at Palisades to inquire about an apartment for her mother. She asked to speak to a leasing agent, and, after she was put on hold, a woman name “Joyce” came on the line. Upon information and belief, “Joyce” is Joyce Rogers, MSW, LSCW, who is the Director of
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Marketing at The Esplanade at Palisades. After asking BT how old her mother was, Ms. Rogers asked BT whether her mother needs assistance. BT said that her mother needs help only with meals and laundry. Ms. Rogers explained that she needed information about BT’s mother to determine if BT’s mother was “appropriate for us.” After BT noted that her mother uses a wheelchair, Ms. Rogers asked BT again whether her mother needed assistance. Ms. Rogers said that if BT or her mother wanted to see apartments, she should call again.
85. On approximately January 4, 2013, the FHJC had BC, a female tester, call Ms. Rogers to inquire about an apartment for her sister. They set up an appointment for later that same day.
86. At approximately 1:30 p.m., BC arrived at The Esplanade at Palisades and met with Ms. Rogers. BC explained that she was looking for an apartment for her sister, who was 80 years old. Ms. Rogers asked BC if her sister has any assistance, whether she has a cognitive impairment, and whether she uses support or a walker. After BC told Ms. Rogers that her sister was generally healthy, Ms. Rogers gave her a tour of The Esplanade at Palisades. During the tour, they passed by someone whose mother-in-law was moving out that day. Ms. Rogers explained that the person could “no longer be able to be with us” because “if skilled nursing is needed and requested, then someone moves out.” Ms. Rogers told BC that only two current residents use wheelchairs. Ms. Rogers, who is a social worker, told BC that, if BC’s sister was interested in living at The Esplanade at Palisades, Ms. Rogers would conduct a “psycho-social” examination on her. At the end of the tour, Ms. Rogers explained that the application packet includes two forms that her sister’s doctor would have to fill out.
87. On approximately January 8, 2013, the FHJC had NH, a male tester, visit The Esplanade at Palisades to inquire about an apartment for his mother. NH met with Ms.
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Rogers. NH explained that his mother was 79, in good health, and she uses a wheelchair. Ms. Rogers declared that, based on the owners’ decision, “power” wheelchairs are not allowed at The Esplanade at Palisades. Ms. Rogers inquired about his mother’s religion, and said that it is “no problem” when NH said that his mother is Protestant. At the end of the tour, Ms. Rogers explained that the application packet includes some forms that his mother’s doctor would have to fill out as well as a health care proxy form.
88. During both tours, Ms. Rogers noted that The Esplanade at Palisades is kosher and that one-third of the residents are not Jewish. Testing at The Esplanade at Chestnut Ridge
89. On approximately November 13, 2012, the FHJC had KH, a female tester, call The Esplanade at Chestnut Ridge. KH presented herself as a woman looking for an apartment for her mother. KH told the receptionist that she is looking for an independent living apartment for her mother, and the receptionist transferred her to “Debbie.” Upon information and belief, “Debbie” is Debbie Corwin, the Director of Community Relations at The Esplanade at Chestnut Ridge. KH said that she wanted independent senior housing for her mother and asked if Chestnut Ridge was assisted living. Debbie responded that as long as her mother did not want to cook her own food, she could live here.
90. When KH mentioned that her mother uses a wheelchair, Ms. Corwin asked if she could bear weight and move around. KH responded that she could. Ms. Corwin stated that, nonetheless, her mother would be limited to apartments on the first floor because, although The Esplanade at Chestnut Ridge has an elevator, it requires any resident who uses a wheelchair to live on the first floor in case of emergencies. Ms. Corwin remarked that this
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would restrict KH’s mother’s options. Ms. Corwin stated that if KH’s mother was serious about moving soon, she should arrange a time to visit The Esplanade at Chestnut Ridge.
91. On approximately December 17, 2012, the FHJC sent PH, a female tester, to The Esplanade at Chestnut Ridge. PH presented herself as a woman looking for an apartment for her older sister. PH met with Ms. Corwin. Ms. Corwin asked PH if her sister could walk, and PH responded that, yes, she could walk. Ms. Corwin said that she was asking because of availability. Ms. Corwin explained that there are two hallways, one short and one long, so the sister would have to be able to walk both distances. PH asked if residents with different levels of need live in close proximity to each other. Ms. Corwin responded that the only time The Esplanade at Chestnut Ridge will move a resident is if the resident lives on the second floor and then develops the need for a wheelchair. In that case, The Esplanade at Chestnut Ridge requires the resident to move to an apartment on the first floor. Ms. Corwin told PH that more apartments would be available for her sister because she does not use a wheelchair.
92. On approximately December 18, 2012, the FHJC had BT, a female tester, call Ms. Corwin to inquire about an apartment for her mother. They set up an appointment for the next day.
93. On December 19, 2012, BT arrived at The Esplanade at Chestnut Ridge to meet with Ms. Corwin. BT told Ms. Corwin that her mother uses a wheelchair but is able to transfer. Ms. Corwin said that The Esplanade at Chestnut Ridge does not rent to people who use wheelchairs and are unable to transfer. Ms. Corwin said that people who use wheelchairs and can transfer may rent apartments, but only on the first floor. Ms. Corwin explained that this is the policy even though The Esplanade at Chestnut Ridge has an elevator. Ms. Corwin remarked that first floor apartments are more desirable and less available, because The Esplanade at
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Chestnut Ridge gives priority to current residents—even those who do not use wheelchairs— who want to move to the first floor over any prospective resident. Later during this same visit, Ms. Corwin commented that when “independent people” come into the residence and see people using wheelchairs or walkers, they are often immediately concerned and “put off.”
94. Towards the end of the visit, BT asked Ms. Corwin about the application, and Ms. Corwin responded that there is not an application but rather forms that need to be filled out by her mother’s doctors. Ms. Corwin stated that these forms are standard in New York State and known as “3122 forms.”
95. Upon information and belief, Ms. Corwin was referring to the New York State Department of Health Assisted Living Residence Medical Evaluation form (“DOH-3122”) or a comparable form. The DOH-3122 asks for detailed information regarding the applicant’s diagnoses, continence, ability to ambulate, cognitive impairment, and mental health.
96. On approximately March, 6, 2013 the FHJC had SS, a female tester, call The Esplanade at Chestnut Ridge to inquire whether it is assisted or independent living. SS spoke to a woman named “Alicia” who indicated that Chestnut Ridge included both by stating that “everyone is together, whether assisted or independent living.” Testing at The Esplanade Staten Island
97. On approximately December 5, 2012, the FHJC had BH, a male tester, call The Esplanade Staten Island to inquire about an apartment for his father. BH spoke with “Patrice,” and they set up an appointment for the same day. Upon information and belief, “Patrice” is Patrice Ficco, the Marketing Director at The Esplanade Staten Island.
98. At approximately 1:00 p.m., BH arrived and met with Ms. Ficco. At the end of the visit, BH asked about the application process. Ms. Ficco said there is no application,
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but rather a lease and other forms, and then those forms are reviewed on a case-by-case basis. Ms. Ficco offered to mail a sample move-in packet to BH. At a later date, Ms. Ficco mailed a move-in packet to BH.
99. On approximately December 13, 2012, the FHJC had KH, a female tester, call The Esplanade Staten Island to inquire about an apartment for her mother. BH spoke with “Patrice,” and they set up an appointment for the same day.
100. Later that same day, KH arrived at The Esplanade Staten Island and also met with Ms. Ficco. Ms. Ficco told KH that seniors in The Esplanade are “independent” and “ambulatory.” Ms. Ficco went on to say that the seniors can use canes, walkers, or wheelchairs; ambulatory means that they can “get back and forth to the dining room.” At that point, KH said her mother uses a wheelchair but is able to transfer. Ms. Ficco said that should be acceptable. Ms. Ficco told KH that The Esplanade Staten Island requires physicians’ reports from potential residents during the application process. Ms. Ficco stated that these reports are reviewed by nurses from Senior Home Care, a company The Esplanade contracts with for services not included in the monthly rent. Ms. Ficco told KH that the nurses are primarily looking for conditions that require hourly care or present difficulties if residents are non-compliant in treatment, such as diabetes. Ms. Ficco did not offer to mail a sample move-in packet to KH.
101. During this visit, Ms. Ficco told KH that The Esplanade Staten Island does not allow motorized wheelchairs. Ms. Ficco said this is because many of the residents use walkers or canes, and someone in a motorized wheelchair moves very fast, creating a safety concern for The Esplanade. Ms. Ficco told KH that, additionally, some motorized wheelchairs are larger than others and this causes some residents to not be able to see around the person.
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102. Ms. Ficco informed both testers that, within The Esplanade Staten Island, there is a gym run by Fox Rehabilitation, a physical therapy group. Ms. Ficco stated that Fox Rehabilitation evaluates residents and that they are not permitted to exercise on their own. Ms. Ficco told KH, “We can’t let them just go to the gym and exercise on their own unless they’re much younger or we know that they don’t have any ambulatory issues.”
COUNT I Fair Housing Act: Discrimination based on Disability (42 U.S.C. § 3601 et seq.) 103. Plaintiff repeats and realleges the foregoing paragraphs of its complaint as though fully set forth herein. 104. Defendants own and lease dwellings, as defined by Section 802(b) of the Fair Housing Act, 42 U.S.C. § 3602(b), to include “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.” 105. Defendants’ conduct, as described above, constitutes making, printing, or publishing, or causing to be made, printed, or published a notice, statement, or advertisement, with respect to the rental of a dwelling that indicates a preference, limitation, or discrimination based on disability, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c). 106. Defendant Esplanade Venture Partnership’s, Defendant Esplanade Chestnut, LLC’s, and Defendant Chestnut Operating Company, LLC’s conduct, as described above, constitutes representations made because of disability that a dwelling is not available for inspection or rent when such dwelling was in fact so available, in violation of Section 804(d) of the Fair Housing Act, 42 U.S.C. § 3604(d).
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107. Defendants’ conduct, as described above, constitutes discrimination in the rental, or to otherwise make unavailable or deny, a dwelling to a renter because of disability, in violation of Section 804(f)(1) of the Fair Housing Act, 42 U.S.C. § 3604(f)(1).
108. Defendants’ conduct, as described above, constitutes discrimination against any person in the terms, conditions, or privileges of rental of a dwelling because of disability, in violation of Section 804(f)(2) of the Fair Housing Act, 42 U.S.C. § 3604(f)(2).
109. Plaintiff is an aggrieved person as defined in 42 U.S.C. § 3602(i). Plaintiff has been injured by Defendants’ discriminatory conduct and has suffered damages as a result.
110. Defendants’ conduct was intentional, willful, and made in disregard for the rights of others.
111. Accordingly, under 42 U.S.C. § 3613(c), Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
COUNT II Fair Housing Act: Discrimination based on Religion (42 U.S.C. § 3601 et seq.) 112. Plaintiff repeats and realleges the foregoing paragraphs of its complaint as though fully set forth herein. 113. Defendants own and lease dwellings, as defined by Section 802(b) of the Fair Housing Act, 42 U.S.C. § 3602(b), to include “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.” 114. Defendants’ conduct, as described above, constitutes making, printing, or publishing, or causing to be made, printed, or published a notice, statement, or advertisement,
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with respect to the rental of a dwelling that indicates a preference, limitation, or discrimination based on religion, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c).
115. Plaintiff is an aggrieved person as defined in 42 U.S.C. § 3602(i). Plaintiff has been injured by Defendants’ discriminatory conduct and has suffered damages as a result.
116. Defendants’ conduct was intentional, willful, and made in disregard for the rights of others.
117. Accordingly, under 42 U.S.C. § 3613(c), Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
118. Plaintiff is an aggrieved person as defined in 42 U.S.C. § 3602(i). Plaintiff has been injured by Defendants’ discriminatory conduct and has suffered damages as a result.
119. Defendants’ conduct was intentional, willful, and made in disregard for the rights of others.
120. Accordingly, under 42 U.S.C. § 3613(c), Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
COUNT III Fair Housing Act: Discrimination based on Race or Color (42 U.S.C. § 3601 et seq.) 121. Plaintiff repeats and realleges the foregoing paragraphs of its complaint as though fully set forth herein. 122. Defendants own and lease dwellings, as defined by Section 802(b) of the Fair Housing Act, 42 U.S.C. § 3602(b), to include “any building, structure, or portion thereof
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which is occupied as, or designed or intended for occupancy as, a residence by one or more families.”
123. Defendants’ conduct, as described above, constitutes making, printing, or publishing, or causing to be made, printed, or published, a notice, statement, or advertisement, with respect to the rental of a dwelling that indicates a preference, limitation, or discrimination based on race or color, in violation of Section 804(c) of the Fair Housing Act, 42 U.S.C. § 3604(c).
124. Plaintiff is an aggrieved person as defined in 42 U.S.C. § 3602(i). Plaintiff has been injured by Defendants’ discriminatory conduct and has suffered damages as a result.
125. Defendants’ conduct was intentional, willful, and made in disregard for the rights of others.
126. Accordingly, under 42 U.S.C. § 3613(c), Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
127. Plaintiff is an aggrieved person as defined in 42 U.S.C. § 3602(i). Plaintiff has been injured by Defendants’ discriminatory conduct and has suffered damages as a result.
128. Defendants’ conduct was intentional, willful, and made in disregard for the rights of others.
129. Accordingly, under 42 U.S.C. § 3613(c), Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
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COUNT IV New York State Human Rights Law: Discrimination based on Disability, Religion, Race, and Color (New York Executive Law § 296 et seq.) 130. Plaintiff repeats and realleges the foregoing paragraphs of its complaint as though fully set forth herein. 131. Defendants own and lease housing accommodations, as defined by Article 15 of the New York Executive Law Section § 292(10) to include “any building . . . which is used or occupied . . . as the home, residence or sleeping place of one or more human beings.” 132. Defendants’ conduct, as described above, constitutes refusing to rent or lease, or otherwise denying or withholding a housing accommodation or the representation that a housing accommodation is not available for inspection, rental, or lease when in fact it is so available, based on disability in violation of Article 15 of the New York Executive Law § 296(5)(a)(1). 133. Defendants’ conduct, as described above, constitutes discrimination in the terms, conditions or privileges of rental or lease of a housing accommodation or in the furnishing of facilities or services in connection therewith based on disability in violation of Article 15 of the New York Executive Law § 296(5)(a)(2). 134. Defendants’ conduct, as described above, constitutes printing or circulating or causing to be printed or circulated a statement, advertisement, publication, or using a form of application for rental, or making a record or inquiry in conjunction with a prospective rental, which expresses, directly or indirectly, a limitation, specification, or discrimination, or an intent to make such limitation, specification, or discrimination based on disability, religion, race, and color in violation of Article 15 of the New York Executive Law § 296(5)(a)(3).
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135. Plaintiff has been injured by the Defendants’ discriminatory conduct and has suffered damages as a result.
136. The Defendants’ conduct was intentional, willful, and made in reckless disregard for the rights of others.
137. Accordingly, under Article 15 of the New York Executive Law § 297, Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
COUNT V New York City Human Rights Law: Discrimination based on Disability, Religion, Race, and Color (New York Administrative Code § 8-107 et seq.) 138. Plaintiff repeats and realleges the foregoing paragraphs of its complaint as though fully set forth herein. 139. Defendant Esplanade Staten Island, LLC and Defendant Esplanade Venture Partnership (collectively, “NYC Esplanade Defendants”) own and lease housing accommodations, as defined by Section 8-102(10) of the New York City Administrative Code to include “any building . . . which is used or occupied . . . as the home, residence or sleeping place of one or more human beings.” 140. NYC Esplanade Defendants’ conduct, as described above, constitutes refusing to rent or lease, refusing to approve the rental or lease, or otherwise denying or withholding a housing accommodation because of disability, in violation of New York Administrative Code § 8-107(5)(a)(1). 141. NYC Esplanade Defendants’ conduct, as described above, constitutes discrimination in the terms, conditions, or privileges of the rental of a housing accommodation because of disability, in violation of New York Administrative Code § 8-107(5)(a)(2).
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142. NYC Esplanade Defendants’ conduct, as described above, constitutes declaring, printing, or circulating a statement, advertisement, publication, or using a form of application for rental, or making a record or inquiry in conjunction with a prospective rental, which expresses, directly or indirectly, a limitation, specification, or discrimination, or an intent to make such limitation, specification, or discrimination based on disability, religion, race, and color in violation of New York Administrative Code § 8-107(5)(a)(3).
143. Plaintiff has been injured by NYC Esplanade Defendants’ discriminatory conduct and has suffered damages as a result.
144. NYC Esplanade Defendants’ conduct was intentional, willful, and made in disregard for the rights of others.
145. Accordingly, under the New York Administrative Code § 8-502(a) and (f), Plaintiff is entitled to actual damages, punitive damages, injunctive relief, and reasonable attorneys’ fees and costs.
146. Plaintiff has served a copy of the complaint upon the City Commission on Human Rights and Corporation Counsel, pursuant to the New York City Administrative Code § 8-502(c).
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Case 1:13-cv-03600-RLE Document 19 Filed 10/02/13 Page 31 of 33
PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that judgment be entered against Defendants as follows: (a) Declaring that Defendants’ discriminatory practices violate the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq., the New York State Human Rights Law, New York Executive Law § 290 et seq.; and the New York City Human Rights Law, New York Administrative Code § 8-107 et seq. (b) Enjoining Defendants, Defendants’ agents, employees, and successors, and all other persons in active concert or participation from discriminating on the basis of disability, religion and race, including the following, (i) Denying or withholding housing or otherwise making housing
unavailable; (ii) Representing to any person that a dwelling is not available for inspection
or rental when such dwelling is in fact so available; (iii) Discriminating in the terms, conditions, or privileges of rental; and (iv) Making, printing, or publishing, or causing to be made, printed, or
published a notice, statement, or advertisement, with respect to the rental of a dwelling that indicates a preference, limitation, or discrimination. (c) Enjoining Defendants and their 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 to comply with fair housing laws; (ii) Train all management, agents, and employees on fair housing laws;
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Case 1:13-cv-03600-RLE Document 19 Filed 10/02/13 Page 32 of 33
(iii) Advertise apartments available for rent in a non-discriminatory manner, including displaying an Equal Housing Opportunity logo (or statement to that effect) on all print and internet advertisements and displaying in all offices and rental buildings appropriate fair housing law posters;
(iv) Use human models on websites and in other marketing materials that depict residents of all races and with disabilities;
(v) Allow monitoring of their application and rental process; (vi) Retain advertising and rental records to allow for appropriate monitoring; (vii) Develop written procedures on rental process and fair housing policy to be
distributed to all employees, agents, tenants, and rental applicants; and (viii) Establish a system for testing agents and employees for unlawful
discriminatory practices; (d) Awarding such damages to Plaintiff as will fully compensate for the diversion of
resources and frustration of mission caused by Defendants’ unlawful practices; (e) Awarding punitive damages to Plaintiff; (f) Awarding Plaintiff reasonable attorneys’ fees, costs, and expenses incurred in
prosecuting this action; and (g) Granting Plaintiff such other further relief as may be just and proper.
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Case 1:13-cv-03600-RLE Document 19 Filed 10/02/13 Page 33 of 33

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
FAIR HOUSING JUSTICE CENTER, INC.,
Plaintiff,
v.
ESPLANADE VENTURE PARTNERSHIP; ESPLANADE OF WHITE PLAINS VENTURE PARTNERSHIP; PALISADES GARDENS GROUP, LLC; ESPLANADE CHESTNUT, LLC; CHESTNUT OPERATING COMPANY, LLC; and ESPLANADE STATEN ISLAND, LLC.,
Defendants.

13 Civ. 3600 (VEC) (RLE) SETTLEMENT AGREEMENT

This Settlement Agreement (the “Agreement”) is entered into by and between Plaintiff Fair Housing Justice Center, Inc. (“Plaintiff”) and Defendants Esplanade Chestnut, LLC; Chestnut Operating Company, LLC; Esplanade Venture Partnership; Esplanade of White Plains Venture Partnership; Palisades Gardens Group, LLC; and Esplanade Staten Island, LLC (“Defendants”), by and through their respective counsel (together, the “Parties”).
WHEREAS, on November 8, 2013, Plaintiff filed an Amended Complaint, alleging that Defendants discriminated on the basis of disability, religion, and race in the operation of five residential buildings in violation of the Fair Housing Act, 42 U.S.C. § 3601 et seq., the New York State Human Rights Law, New York Executive Law § 296 et seq., and the New York City Human Rights Law, New York Administrative Code § 8-107 et seq.;
WHEREAS, Defendants deny the allegations of wrongdoing and liability against them in the Amended Complaint, and by entering into this Agreement do not intend to admit,
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and do not admit, the same; WHEREAS, Defendants maintain they have complied and will continue to
comply with the Fair Housing Act, 42 U.S.C. § 3601 et seq., the New York State Human Rights Law, New York Executive Law § 296 et seq., and the New York City Human Rights Law, New York Administrative Code § 8-107 et seq.;
WHEREAS, none of the provisions in this Agreement are intended to violate the licensing and regulatory requirements of New York law, and Plaintiff and the Chestnut Defendants do not believe that any of the provisions herein violate New York law; and
WHEREAS, the Parties wish to voluntarily resolve the claims raised by Plaintiff in the Amended Complaint, according to the terms set forth in this Agreement, as a compromise to avoid protracted expenses and litigation;
NOW, THEREFORE, it is hereby stipulated and agreed, by and among the Parties, that all claims shall be comprised, settled, released, and dismissed upon and subject to the terms of this Agreement, as follows:
I. DEFINITIONS 1. As used in this Agreement, the following terms shall have the following
meanings: a) “Plaintiff” means the Fair Housing Justice Center, Inc. b) “Chestnut Defendants” means Esplanade Chestnut, LLC and Chestnut Operating Company, LLC. c) “Esplanade Defendants” means Esplanade Venture Partnership; Esplanade of White Plains Venture Partnership; Palisades Gardens Group, LLC; and Esplanade Staten Island, LLC.
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d) “Defendants” means Chestnut Defendants and Esplanade Defendants, collectively.
e) “Action” means Fair Housing Justice Center, Inc. v. Esplanade Venture Partnership, et al., 13-CV-3600 (VEC) (RLE), pending in the United States District Court for the Southern District of New York.
f) “Amended Complaint” means the Amended Complaint that Plaintiff filed in this Action on November 8, 2013.
g) “Esplanade Sites” means, collectively: i. Esplanade Manhattan, located at 305 West End Avenue, New York, New York 10023; ii. Esplanade at White Plains, located at 95 South Broadway, White Plains, New York 10601;
iii. Esplanade at Palisades, located at 640 Oak Tree Road, Palisades, New York 10964; and
iv. Esplanade Staten Island, located at 1415 Richmond Avenue, Staten Island, New York 10314.
h) “Chestnut Ridge Site” means Chestnut Ridge, located at 168 Red School House Road, Chestnut Ridge, New York 10977. Chestnut Ridge Site is an assisted living and adult care facility for individuals age 18 and over, subject to certain provisions of Article 7 of the New York Social Services Law, Article 46-B of the New York Public Health Law, and Part 487 of Title 18 of the NYCRR, among other laws and regulations.
i) “Covered Sites” means Esplanade Sites and Chestnut Ridge Site, collectively.
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j) “Principal” means any natural person who is a principal, owner, managing partner, partner, or member of any of the Defendant entities.
k) “Chestnut Ridge Landlord” means Esplanade Chestnut, LLC and its managers, assigns or successors in interest.
l) “DOH” means the New York State Department of Health. m) “Application Packet” means any and all documents provided to a prospective
resident or applicant at any of the Covered Sites prior to execution of an admission or residency agreement (as the case may be) by the prospective resident or applicant and the Covered Site. n) “Trainees” means the Principals of each Defendant entity (other than Chestnut Ridge Landlord); the managers of Chestnut Ridge landlord, the executive director of each Covered Site; and every employee at each Covered Site whose job duties include: (a) providing information to prospective residents about the availability of units for rent or the terms and conditions for rental or admission, (b) giving tours, (c) processing applications, and/or (d) implementing the Covered Site’s policies regarding applications, admissions, unit assignments, and requests for reasonable accommodations and/or modifications. II. TERM AND SCOPE OF AGREEMENT 2. All obligations under this Agreement, unless otherwise specified, shall commence within thirty (30) days from the date that this Agreement is so-ordered by the Court and shall continue for a period of four (4) years from that date.
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3. The provisions of Paragraph 7 of this Agreement shall be binding on Defendants and their assigns or successors in interest. This Agreement shall be binding on Defendants and all of their Principals, employees, agents, representatives, officers, heirs, assigns, subsidiaries, or successors in interest, unless otherwise specified. If any of the Covered Sites is sold or leased during the term of the Agreement, the Agreement shall be binding on the buyer or leasee if the buyer or leasee is a Principal, is someone related by blood or marriage to a Principal, or is a company in which a Principal or someone related by blood or marriage to a Principal has an ownership interest.
4. The terms of this Agreement shall apply to the policies, procedures, and operation of each of the five Covered Sites, unless otherwise specified.
5. The United States District Court for the Southern District of New York shall retain jurisdiction to enforce the terms of this Agreement upon the filing of an appropriate motion by either party. The parties to this Agreement shall endeavor in good faith to informally resolve any differences regarding compliance and interpretation of this Agreement. FHJC shall give Defendants and their respective counsel of record at least thirty (30) days’ notice of any instance of alleged noncompliance with this Agreement, and an opportunity to cure, prior to filing a motion with the Court to enforce and/or modify this Agreement. Any and all notice(s) from FHJC Palisades Garden Group LLC shall be given to Susan Diamond, 640 Oak Tree Road, Palisades, NY 10964, and Hindman Straub P.C. If Defendants cure the alleged non-compliance with this Agreement, FHJC will not file such motion with the Court.
6. Each Defendant is independently responsible for complying with the terms of the Agreement that apply to that Defendant. Defendant Palisades Gardens Group, LLC’s
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insurance carrier, United States Liability Insurance Group (hereinafter “USLI”) is excluded from any responsibility for any breach(es) of any term of injunctive relief set forth in this Agreement, including but not limited to, Paragraphs 9 through 22 and Paragraph 29. Each Defendant is not responsible for the conduct of any other Defendant regarding any instance of alleged noncompliance with the Agreement. III. MONETARY RELIEF
7. Defendants shall pay Plaintiff and its attorneys, Emery Celli Brinckerhoff & Abady LLP (“ECBA”) and MFY Legal Services, Inc., the total sum of Two-HundredNinety-Seven Thousand and Five Hundred Dollars ($297,500) in full and final settlement of all of Plaintiff’s claims in this Action, including but not limited to damages, attorneys’ fees, and costs (the “Settlement Amount”). The Settlement Amount shall be delivered to ECBA at its offices located at 600 Fifth Avenue, 10th Floor, New York, New York 10020 within twenty (20) days of the date this Agreement is so-ordered by the Court. The Settlement Amount shall be made payable to “FHJC and its attorneys Emery Celli Brinckerhoff & Abady.”
8. Concurrently with the execution of this Agreement, Plaintiff shall deliver to counsel for Chestnut Defendants a signed Stipulation and Order of Dismissal in the form set forth in Exhibit B. The parties agree to stipulate that dismissal shall be with prejudice and each party to bear its own costs. The parties also agree to stipulate that the order shall vest the Court with jurisdiction for the sole purpose of enforcing the terms of the Agreement. Counsel for Chestnut Defendants shall file the executed Stipulation and Order of Dismissal, with the Court to dismiss the case within ten (10) business days after the Defendants have made the payment described in the preceding Paragraph.
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IV. FAIR HOUSING POLICIES AND PRACTICES AS TO ALL COVERED SITES 9. Defendants shall comply with the federal Fair Housing Act, 42 U.S.C. § 3601
et seq.; the New York State Human Rights Law, New York Executive Law § 296 et seq.; and, for those Covered Sites located within New York City, the New York City Human Rights Law, New York Administrative Code § 8-107 et seq. Specifically, Defendants; Defendants’ agents, employees, and successors; shall not discriminate against residents or prospective residents on the basis of disability, religion, or race by, without limitation:
a) Denying or withholding housing or otherwise making housing unavailable; b) Representing to any person that housing is not available for inspection or
rental when such housing is in fact so available; c) Discriminating in the terms, conditions, privileges or facilities of rental; or d) Making, printing, or publishing, or causing to be made, printed, or published
any notice, statement, or advertisement, with respect to the rental of housing that indicates a preference, limitation, or discrimination. 10. Defendants will comply with the requirements of Section 3617 of the Fair Housing Act, 42 U.S.C. §3617 regarding the Plaintiff. 11. Defendants will adopt the following policies and forms: a) Defendants will not prohibit or discourage residency by persons with physical disabilities, including those who use walkers, canes, manual wheelchairs, motorized wheelchairs, or other assistive mobility devices, however, a Defendant may adopt the Assistive Mobility Device Policy set forth in Exhibit J.
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b) Defendants will not prohibit or discourage residency by persons with cognitive disabilities. Defendants will not inquire about prospective residents’ or applicants’ cognitive abilities or discourage any prospective resident with cognitive disabilities from applying to or residing at any of the Covered Sites. Chestnut Defendants may request and collect information from an applicant pertaining to cognitive health as required by DOH regulations and Form 3122 (or other form required by DOH or other government regulator of Chestnut Ridge Site), in connection with providing an initial assessment for admission and a Chestnut Application Packet to a prospective resident.
c) Defendants will make no oral or written inquiries or statements regarding any prospective resident’s or applicant’s religious affiliation or practices, including statements made in marketing and application materials, during site tours, and at other stages of the application process. In response to a direct question from a prospective resident or applicant about meal options, Defendants may state that kosher meals are available, if that is the case. If providing information on websites or in marketing or application materials about the types of diets available, such as vegetarian, low-sugar, low-salt, etc., Defendants may indicate “kosher” as one type of diet provided, if that is the case. Chestnut Defendants may request and collect information regarding a resident’s religion to the extent that such an inquiry is required by DOH Form 4397 (or other form required by DOH or other government regulator of Chestnut Ridge Site), and only in
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connection with providing a Chestnut Application Packet to a prospective resident. d) Within thirty (30) days of the date this Agreement is so-ordered by the Court, Defendants will include in the Application Packet for each Covered Site the form for requests for reasonable accommodations or modifications that appears hereto as Exhibit A. e) Within ninety (90) days of the date this Agreement is so-ordered by the Court, if using human models or figures on websites, in brochures, in marketing videos, or on documents in application packets, Defendants will use such models or figures to depict residents who are clearly definable as African American, Hispanic, Asian and White, as well as at least one such model or figure who is a person using a wheelchair. Models or figures, if used, will portray persons in equal social settings. 12. Within ninety (90) days of the date this Agreement is so-ordered by the Court, Esplanade Defendants and Chestnut Defendants will cease to market or advertise each other’s sites. 13. Defendants will request and collect information regarding referral sources from each applicant by, within thirty (30) days of the date this Agreement is so-ordered by the Court, including in each Covered Site’s application materials a written question asking the applicant to identify where he or she learned about the relevant Covered Site. 14. Defendants will provide fair housing training to Defendants’ Trainees as defined above. Defendants will provide at least thirty (30) days advance notice of training dates to Trainees, inform Trainees that attendance at the training is mandatory, schedule each
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training session on dates and at times that do not conflict with religious observances of Trainees, and use their best efforts to ensure that Trainees attend each training. The failure of one or more Trainees to attend a training session due to illness, business travel, or other unforeseen or unavoidable scheduling conflicts shall not constitute a breach of this Agreement, provided that within thirty (30) days of the date of each training sessions, Defendants give written notice to Plaintiff of the name of each Trainee who did not attend, the reason each Trainee did not attend, and copies of documents verifying the reason for each absence, such as nonrefundable travel reservations, health care provider statements, and other similar documents. Defendants will bear the costs of the training (not to exceed $3,000 per training session), including but not limited to, costs relating to hiring trainers, producing handout materials, and securing locations for each training session. The training for Chestnut Defendants will be conducted separately from training for Esplanade Defendants. The training will be provided in two three-hour sessions. The first training session shall be provided to all Trainees within ninety (90) days of the date this Agreement is so-ordered by the Court, and the second three-hour training session shall be provided to all Trainees in the third year of this Agreement. The training for the Esplanade Defendants and the Chestnut Defendants will be provided by the Center for Independence for the Disabled – New York (“CID-NY”). Each Defendant will ensure that attendance is taken at each such training and provide to Plaintiff within thirty (30) days of each such training a written statement indicating the date of the training, the location of the training, and the name and job title or position of each person who attended the training.
15. Each Defendant will adopt the Equal Housing Opportunity Policy attached hereto as Exhibit C. Each Defendant will ensure that, within thirty (30) days of the date this
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Agreement is so-ordered by the Court, each Trainee as defined above receives a copy of the Equal Housing Opportunity Policy and signs the Acknowledgement Form attached hereto as Exhibit D. Each Defendant will collect and maintain an acknowledgement from each Trainee, as specified in Paragraph 20(a).
16. Within ninety (90) days of the date this Agreement is so-ordered by the Court, each Defendant will use, at each Defendant’s discretion, either the fair housing logo, which is attached hereto as Exhibit E (not to scale), and/or the phrase “Equal Housing Opportunity” on marketing and advertising materials (electronic, print, video, radio, etc.) used by each Defendant for the purpose of general marketing and/or advertising of the Covered Sites, on each website for each Covered Site, and as part of the materials given to prospective applicants and residents inquiring about renting at any of the Covered Sites. Defendants are not required by this Agreement to include the logo or phrase on announcements or informational material for specific activities, speakers, classes, or other periodic events and activities held at the Covered Sites or sponsored by Defendants.
17. Each Defendant will include on the website for each Covered Entity the NonDiscrimination Statement (the “Statement”) attached hereto as Exhibit F, and will include a copy of the Statement in the Application Packet provided to all prospective tenants at each Covered Site.
18. Within thirty (30) days of the date this Agreement is so-ordered by the Court, each Defendant will post and prominently display in at least one location at each Covered Site a Housing and Urban Development (HUD) fair housing poster, HUD Form 928.1, attached hereto as Exhibit G, where it will be plainly visible to members of the public, current residents, prospective residents, and applicants.
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19. If during the term of this Agreement, any Defendant utilizes a brochure for general marketing purposes regarding any Covered Site, that Defendant shall mail the brochure within thirty (30) days of first using the brochure to the Independent Living Centers and other social service organizations identified in Exhibit Q.
20. Each Defendant will maintain the following records throughout the term of this Agreement electronically or in paper form:
a) Signed copies of the Equal Housing Opportunity Policy Acknowledgement Form, (Exhibit D);
b) Photographs depicting the placement of fair housing posters, as described in Paragraphs 18 and 29;
c) All general advertisements and marketing materials distributed and/or made available to members of the public, prospective residents, and applicants at any time during the term of this Agreement;
d) Copies of every application submitted in connection with each Covered Site, and records sufficient to show whether each application is accepted or denied, and the reasons for any denial;
e) With respect to Esplanade Defendants, copies of every residency service agreement executed in connection with each Covered Site;
f) All written requests for reasonable accommodations received from residents at each of the Covered Sites, and records sufficient to show the response to each request; and
g) All notices to terminate service agreements and records sufficient to show the basis for each notice and the outcome of each notice.
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21. Upon reasonable written notice, each Defendant will permit Plaintiff to inspect and copy the records described in the Paragraph 20 and 28 no more than one time per year during the term of this Agreement, except that Plaintiff will not be permitted to inspect or copy social security numbers, tax returns, banking information, credit reports, or medical records. Plaintiff will keep confidential all information it inspects and copies pursuant to the terms of this Agreement and will use the information for the sole purpose of monitoring compliance with this Agreement. If Plaintiff is served with a court order, subpoena or other similar legal process that purports to require the production of any such confidential information to any tribunal or party other than the Defendant that produced the confidential information to Plaintiff, Plaintiff agrees to notify the producing Defendant prior to producing any such confidential information and at least ten (10) business days before the time within which Plaintiff is required to produce such confidential information. Plaintiff and Defendants acknowledge that a remedy at law would be inadequate in the event of any violation of the terms of this Paragraph.
22. If DOH or any other government agency that regulates the Chestnut Ridge site requires additional or different confidentiality terms for the records described in Paragraph 20(d), (e) or (f) than those requirements set forth in the preceding paragraph, the Chestnut Defendants shall notify the Plaintiff of such requirements in writing after receiving a request from the Plaintiff to inspect and/or copy the records. Upon receipt of such notice, Plaintiff and Chestnut Defendants will engage in good faith efforts to reach agreement on a process for Plaintiff to inspect and/or copy the records that complies with any such governmental regulations or requirements.
V. PROVISIONS RELATING SOLELY TO CHESTNUT DEFENDANTS
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23. Chestnut Defendants specifically reserve the following defense to any claim by Plaintiff that Chestnut Defendants are breaching this Agreement: that the alleged breach is a result of compliance with government laws/or and regulations that Chestnut Ridge Site is required to follow as a licensed New York assisted living/adult care facility.
24. Within thirty (30) days of the date the Court so-orders this Agreement, Chestnut Operating Company will apply for a name change with DOH discontinuing the name “Esplanade” with respect to the Chestnut Ridge site in its name. Upon approval of the Department of Health, Chestnut Operating Company will promptly begin to discontinue using the name “Esplanade” when referencing the Chestnut Ridge site in its name, signage, advertising, marketing, forms, business cards and other forms of communicating its name to the public and will completely discontinue using the name “Esplanade” within one-hundred and eighty (180) days of such approval.
25. Within thirty (30) days of the date this Agreement is so-ordered by the Court, Chestnut Operating Company will include a statement in its general marketing and advertising materials, on its website and in its Application Packet that clearly identifies Chestnut Ridge Site as an assisted living adult care facility, licensed and regulated as such by the New York State Department of Health.
26. Chestnut Defendants will adopt the following policies and forms: a) Chestnut Defendants will employ a Unit Assignment Policy, attached hereto as Exhibit H, which provides access to ground-floor units to current and prospective residents who are required by state law to live on the ground floor due to physical disability.
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b) No prospective resident or applicant will be provided with New York State Department of Health form 3122, which requests information including but not limited to medical diagnoses, incontinence, and required services, until after the applicant has applied for admission.
c) No prospective resident or applicant will be provided with New York State Department of Health Form 4397, which requests information including but not limited to healthcare providers, emergency contacts, health-care proxies, powers of attorney, burial instructions, and living wills, until after the prospective resident or applicant has applied for admission.
d) In the event that the Admissions Agreement uses the term “ambulatory,” Chestnut Defendants will include an addendum to the Chestnut Ridge Site’s Admissions Agreement that includes a definition of “ambulatory,” as stated in Exhibit I, attached hereto;
e) Chestnut Defendants will not use any mental health evaluations or any form that inquires about the mental health of any prospective resident, applicant, or resident that is not required or promulgated by DOH or other government regulator of the Chestnut Ridge Site.
27. Chestnut Defendants will comply with the provisions of Exhibit H regarding the amount of time a Resident or Depositor has to accept a unit and pay a Community Fee for eighteen (18) months after the date this Agreement is so-ordered by the Court. The remainder of the terms of Exhibit H will remain in place for the full term of this Agreement. If after eighteen (18) months, Chestnut Defendants believe they have sustained substantial economic harm due to the policy, then they will notify the Plaintiff in writing of the specific
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harm that has been sustained, provide documentation of the harm, and describe in detail any proposed change in the text of Exhibit H that is being sought. Plaintiff will have thirty (30) days to object to the proposed changes in writing; if it does not object, then the proposed changes go into effect immediately. If the Plaintiff objects, then the terms of Exhibit H remain in place unless the Chestnut Defendants file a motion with the Court seeking a modification of Exhibit H and obtain an order from the Court. The burden of proof of the necessity for a modification will be borne by the Chestnut Defendants.
28. Chestnut Defendants will maintain, throughout the term of this Agreement electronically or on paper, copies of all waiting lists generated for first floor units, and any requests to transfer to first floor units, along with documentation showing the response to each such request, in connection with the Unit Assignment Policy, as described in Paragraph 26. VI. PROVISIONS RELATING SOLELY TO ESPLANADE DEFENDANTS
29. Esplanade Defendants will adopt the following policies and forms: a) Esplanade Defendants will adopt and implement the Assistive Mobility Device Policy attached hereto as Exhibit J. b) Esplanade Defendants will adopt the Dining Area/Common Area Policy attached hereto as Exhibit K. c) Esplanade Defendants will not request medical information from prospective residents, applicants, or residents, including without limitation, signed HIPAA forms or healthcare evaluations. Subject to this general rule, Esplanade Defendants may request and collect medical information from residents only to the extent that a request for such information is included on the Voluntary
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Information Form, attached hereto as Exhibit L, which may be distributed only to residents, and only after a residency service agreement has been signed by both the resident and the relevant Covered Site. d) Esplanade Defendants will not include in the application materials for any of the Esplanade Sites any “psycho-social evaluation” forms, or request any information concerning the mental or emotional health of a prospective resident, applicant, or resident other than through distribution of the Voluntary Information Form to residents as permitted under Paragraph 29(c). e) Esplanade Defendants will modify its Residency Service Agreement(s) to incorporate the language set forth in Exhibit M hereto, and will annex to its Residency Service Agreement(s) the Equal Housing Opportunity Policy and Reasonable Accommodation Policy and Request Form attached hereto as Exhibits A and C. Esplanade Defendants’ Residency Service Agreements will contain no restrictive language pertaining to physical, mental, or emotional criteria for residing at any of the Esplanade Sites. Esplanade Defendants will modify their Residency Service Agreements to (i) eliminate any language giving the Esplanade Defendants the ability to refuse to admit a resident if the resident is not physically, mentally, or emotionally able to reside in the facility, (ii) eliminate any language giving the Esplanade Defendants the ability to terminate a Residency Service Agreement based on a deterioration of the resident’s health, misrepresentations in health reports, or disoriented behavior, (iii) modify any language and charges for live-in aides and companions so that all language and charges are equally applicable to all
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additional occupants, regardless of their relationship to the resident, (iv) eliminate any language giving Esplanade Defendants the ability to restrict residents’ choice of home health care providers. The Esplanade Defendants will delete any language in the application for residency that states that acceptance of a person for residency is dependent on the applicant being capable of independent living, or that states that The Esplanade is designed for active persons not needing physical assistance and/or who can arrange for any required physical assistance. f) Esplanade Defendants will adopt an occupancy policy requiring that every resident must be 62 years of age or older, in accordance with the Fair Housing Act, 42 U.S.C. 3607(b)(2)((B). The policy will be clearly stated on all websites and in all promotional, marketing, and advertising materials relating to any of the Esplanade Sites. Defendants will obtain verification of age from all applicants prior to entering into a Residency Service Agreement, by means of drivers’ licenses, birth certificates, passports, or other similar documents. Defendants shall have the right to modify the policy as necessary, based on future contingencies, including but not limited to satisfying New York State licensure or regulatory requirements, so long as such modifications are consistent with fair housing laws. At least thirty (30) days before any such modification of the policy takes place, Defendants shall notify Plaintiff of the proposed modification and the basis for it. g) Esplanade Defendants will not request or collect information from any prospective resident, applicant, or resident, regarding race, religion, disability,
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medical conditions, and health care, except as provided on a voluntary basis through distribution of the Getting to Know You Form attached hereto as Exhibit N, which may be distributed only to residents, and only after a Residency Service Agreement has been signed by both the resident and the relevant Covered Site. h) Esplanade Defendants shall post and prominently display at each Esplanade Site located in New York City a New York City fair housing poster, attached hereto as Exhibit O, where it will be plainly visible to members of the public, residents, prospective residents, and applicants. Esplanade Defendants shall post and prominently display at each Esplanade Site located in Westchester County a Westchester County fair housing poster, attached hereto as Exhibit P, where it will be plainly visible to members of the public, residents, prospective residents, and applicants. i) Esplanade Defendants shall include in the Application Packet for each Esplanade Site, a brochure providing information about fair housing rights for seniors, beginning within ten (10) business days of receiving the brochure from the Plaintiff. VII. RELEASES 30. In exchange for Defendants’ agreement to the terms set forth in this Agreement and payment of the monetary relief described in Section III above, Plaintiff fully and forever releases, acquits, and forever discharges with prejudice, subject to the terms of this Agreement, Defendants and all their Principals, employees, agents, representatives, officers, heirs, assigns, subsidiaries, successors in interest, attorneys, and insurers of
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Defendants from any and all liability, claims, or rights of action, of any kind or nature whatsoever arising from the beginning of time through the date this Agreement is so ordered by the Court (hereinafter, the Plaintiffs’ Released Claims”). For the avoidance of doubt, the Plaintiffs’ Released Claims include all claims (1) whether disclosed or undisclosed, anticipated or unanticipated, suspected or unsuspected, accrued or unaccrued, matured or not matured, perfected or not perfected, liquidated or not liquidated, fixed or contingent, ripened or unripened, (2) whether at law or in equity, whether based on or arising under state, local, foreign, federal, statutory, regulatory, common or other law or rule and upon any legal theory, and (3) whether asserted directly, indirectly, derivatively, or otherwise; provided however, that the Plaintiffs’ Released Claims shall not include any claims to enforce any provision of this Agreement. The release to each Defendant is an individual release. No breach of this Agreement by a particular Defendant shall have any impact on the release or obligations of any of the other Defendants.
31. Defendants fully and forever release, acquit, and forever discharge with prejudice, subject to the terms of this Agreement, Plaintiff and its directors, employees, agents, representatives, officers, heirs, assigns, subsidiaries, successors in interest, and attorneys from any and all liability, claims, or rights of action, of any kind or nature whatsoever arising from the beginning of time through the date this Agreement is so ordered by the Court (hereinafter, the Defendants’ Released Claims”). For the avoidance of doubt, the Defendants’ Released Claims include all claims (1) whether disclosed or undisclosed, anticipated or unanticipated, suspected or unsuspected, accrued or unaccrued, matured or not matured, perfected or not perfected, liquidated or not liquidated, fixed or contingent, ripened or unripened, (2) whether at law or in equity, whether based on or arising under state, local,
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foreign, federal, statutory, regulatory, common or other law or rule and upon any legal theory, and (3) whether asserted directly, indirectly, derivatively, or otherwise; provided however, that the Defendants’ Released Claims shall not include any claims to enforce any provision of this Agreement. VIII. CONSTRUCTION AND SEVERABILITY
32. This Agreement shall be deemed to have been jointly drafted, and no provision herein shall be interpreted or construed for or against any party because such party drafted or requested such provision or this Agreement as a whole.
33. If any provision in this Agreement is declared invalid or unenforceable by a court having competent jurisdiction, it is mutually agreed that this Agreement shall endure except for the part declared invalid or unenforceable by order of such court, unless the elimination of the invalid provision shall materially affect the intent of the Agreement. The parties to this Agreement shall consult and use their best efforts to agree upon a valid and enforceable provision that shall be a reasonable substitute for such invalid or unenforceable provision in light of the intent of this Agreement.
34. This Agreement contains all the terms and conditions agreed upon by the parties hereto, and no oral agreement entered into at any time nor any written agreement entered into prior to the execution of this Agreement regarding the subject matter of the instant proceeding shall be deemed to exist, to bind the parties hereto, or to vary the terms and conditions contained herein.
35. The parties to this Agreement expressly represent and warrant that they have full legal capacity to enter into this Agreement, that they have carefully read and fully understand this Agreement, that they have had the opportunity to review this Agreement with
21

their attorneys, and that they have executed this Agreement voluntarily, without duress, coercion, or undue influence.
36. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original. For purposes of executing this Agreement, a document signed and transmitted by facsimile or email shall be treated as an original document and have the same binding legal effect as an original signature on an original document.
22

AGREED TO BY THE PARTIES:

Dated: l//Z\

• 2014

Dated: _ _ _ _ _ _ _, 2014

EMERY CELLI BRINCKERHOFF &
ABADYILP~
By:~~
Di&i'e L. Houk Hayley Horowitz 600 Fifth Avenue, 101h Floor New York, NY 10020
MFY LEGAL SERVICES, INC. ~
By: ~~~~~-N~~~-----
Ke in\Cremin l
Nab'ict' Sorooshyari 299 Broadway, 4th Floor New York, NY 10007
Attorneys for Plaintiffs

HINMAN STRAUB, P.C.
By: D-a-v-id-T-. -Lu-n-tz-------------121 State Street Albany, NY 12207
MILBER MAKRIS PLOUSADIS &SEIDENLLP
By: -----------------------Elizabeth Gorman Christo Hadj icharala 1000 Woodbury Road, Ste. 402 Woodbury, NY 11797
KOFF
By: .~-R~~---~~~~~~--Efr Schwalb Mark Koffsky 349 Fifth Avenue New York, NY 10016

Attorneys for Defendants

It is so ORDERED this _ _ day of _ _ _ _ _ _ _ _ ____, 2014.

HON. RONALD L. ELLIS UNITED STATES DISTRICT COURT niDGE

23

AGREED TO BY THE PARTIES:
Dated: - ----'-/-/'+A_z._~___ ,2014 I
EMERY CELLI BRINCKERHOFF & ABADY LLP

ByD: i-an-e-L-.

---Houk

-

-

--

-

-

-

-

-- - - --

Hayley Horowitz 600 Fifth Avenue, 101h Floor

New York, NY 10020

MFY LEGAL SERVICES, INC.

By: ------------- - - - -----Kevin Cremin Nahid Sorooshyari 299 Broadway, 41h Floor New York, NY I 0007
Attorneys for Plaintiffs

Dated: ___________, 2014 HINMAN STRAUB, P.C.

By: - - - - - ---------- - - - - - David T. Luntz 121 State Street Albany, NY 12207

MILBER MAKRIS PLOUSADIS

& SEIDEN LLP

~tot. By:

,fADfla/AAAIAiffJpWS

Elizabeth Gorman
Christo Hadjicharala~s{CHIP3f'1)

1000 Woodbury Road, St . 402

Woodbury, NY I 1797

KOFFSKY SCHWALB LLC

By: ------~------------------­
Efrem Schwalb Mark Koffsky 349 Fifth Avenue New York, NY 10016

Attorneys for Defendants

It is so ORDERED this _ _ day of _________________, 2014.

HON. RONALD L. ELLIS UNITED STATES DISTRICT COURT JUDGE

23

AGREED TO BY THE PARTIES:

Dated: _ _ _ _ __ _ _, 2014
EMERY CELLI BRINCKERHOFF & ABADYLLP
By: - - - - - - - - - - - Diane L. Houk Hayley Horowitz 600 Fifth Avenue, 10111 Floor New York, NY 10020
MFY LEGAL SERVICES, INC.
By: ~--~-------­
Kevin Cremin Nahid Sorooshyari 299 Broadway, 4th Floor New York, NY 10007
Attorneysfor Plaintiffs

Dated: _ _ _ _ _ _ _ _, 2014
MILBER MAKRIS PLOUSADIS &SEIDENLLP By: - - - - - - - - - - - - - -
Elizabeth Gorman Christo Hadjicharala 1000 Woodbmy Road, Ste. 402 Woodbury, NY 11797 KOFFSKY SCHWALB LLC By: - - - - - ------------------ Efrem Schwalb Mark Koffsky 349 Fifth Avenue New York, NY 10016 Altorneysfor Defendants

It is so ORDERED this ____ day of_________________, 2014.

HON. RONALD L. ELLIS UNITED STATES DISTRICT COURT JUDGE

23

Settlement Agreement Exhibit Index
FHJC v. Esplanade Venture Partnership, et al., Index No. 13 Civ. 3600 (VEC)(RLE)

Exhibit

Title of Document

A Reasonable Accommodation Policy and Request Form

B Stipulation and Order of Dismissal

C Equal Housing Opportunity Policy

D Acknowledgement of Receipt of Policy and Agreement to Follow E Fair Housing Logo

F Non-Discrimination Statement

G HUD Fair Housing Poster

H First Floor Unit Assignment Policy – Chestnut Ridge

I Definition of “Ambulatory” - Chestnut Ridge

J Assistive Mobility Device Policy – Esplanade K Dining/Common Area Policy – Esplanade L Voluntary Information Form – Esplanade M Residency Service Agreement Text – Esplanade

N Getting to Know You Form – Esplanade O NYC Fair Housing Poster

P Westchester County Fair Housing Poster

Q List of Organizations

Page No. 25 28 31 33 34 35 36 37 38 39 43 43 46 47 49 50 51

24

EXHIBIT A
Reasonable Accommodation Policy and Request Form
[INSERT NAME OF COMMUNITY] is committed to providing equal housing opportunity. As part of this commitment, we will modify our rules, policies, practices, and services to meet the needs of individuals with disabilities upon request if the accommodation requested is reasonable and necessary to allow you to fully use and enjoy residing in our community.
It is our policy to reject reasonable accommodation requests only when they are not related to a disability-based need, impose an undue financial and administrative burden, or fundamentally alter the nature of the housing services we provide. In such case, we will discuss reasonable alternatives that may meet the requesting individual’s needs. We will bear any incidental costs of providing a reasonable accommodation.
Procedure for Making Request
Requests for reasonable accommodation may be submitted in writing. A request need not be submitted in writing to be considered by us. However, if you need a reasonable accommodation due to a disability, we encourage you to submit the attached form. The request need not be in writing, nor must it be made using the attached form to be considered a valid request for reasonable accommodation.
If you are making a reasonable accommodation request to us, fully describe the required accommodation on the Reasonable Accommodation Request form. Please include any additional information that you believe would be useful in assisting us to evaluate the request.
Verification and Documentation
If your disability or disability-related need is not obvious, we may request that you provide verification that you have a disability-related need for the requested accommodation.
Providing Disability-Related Accommodations
We will discuss your request for a reasonable accommodation with you. If the
25

accommodation is approved, we will provide a letter explaining how and when the accommodation can be provided. If a specific accommodation cannot be made because it is an undue financial and administrative burden or because it would be a fundamental alteration of the services provided by us, then we will discuss alternative accommodations that may address your disability-related need. If no alternative meets your disability-related the needs, or if you and [INSERT COMMUNITY NAME] cannot agree on a reasonable alternative, we will notify you of the denial in writing in a reasonable amount of time and will provide an opportunity for you to make a revised reasonable accommodation request.
26

Name: Address:

Reasonable Accommodation Request

Phone:
I am requesting a reasonable accommodation on behalf of: (Name of Person with Disability)
Please describe the reasonable accommodation you are requesting and the disabilityrelated reason for your request:

Date:

Signature:

This form, along with any additional information, should be submitted to:

If you have any questions, please contact

at

For Office Use Only

[ ]

Approved Reason:

[ ]

Denied

27

EXHIBIT B

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

FAIR HOUSING JUSTICE CENTER, INC.,
Plaintiff, v.
ESPLANADE VENTURE PARTNERSHIP; ESPLANADE OF WHITE PLAINS VENTURE PARTNERSHIP; PALISADES GARDENS GROUP, LLC; ESPLANADE CHESTNUT, LLC; CHESTNUT OPERATING COMPANY, LLC; and ESPLANADE STATEN ISLAND, LLC.,
Defendants.

13-CV-3600 (AT) (VEC)
STIPULATION AND ORDER OF DISMISSAL

WHEREAS, Plaintiffs and Defendants, through their undersigned counsel, stipulate and agree as follows:
1. This action is hereby dismissed with prejudice, pursuant to the terms of the Settlement Agreement and Order signed by the Court on ______________________, 2014.
2. The Court shall retain jurisdiction over this action for the sole purpose of enforcing compliance with the terms of the Settlement Agreement and Order.
3. A facsimile or scanned copy of this stipulation will be considered the same as an original and may be filed with the court electronically or by facsimile transmission.

28

Dated: New York, New York __________________________, 2014
FOR PLAINTIFF, FHJC:
EMERY CELLI BRINCKERHOFF & ABADY LLP
By: _____________________________________ Diane L. Houk Hayley Horowitz 600 Fifth Avenue, 10th Floor New York, NY 10020
MFY LEGAL SERVICES, INC.
By: _____________________________________ Kevin M. Cremin Nahid Sorooshyari 299 Broadway, 4th Floor New York, NY 10007
FOR DEFENDANTS ESPLANADE VENTURE PARTNERSHIP; ESPLANADE OF WHITE PLAINS VENTURE PARTNERSHIP; and ESPLANADE STATEN ISLAND, LLC.:
HINMAN STRAUD P.C.
By: _____________________________________ David T. Luntz Hinman Straub P.C. 121 State Street Albany, NY 12207
29

FOR DEFENDANTS ESPLANADE CHESTNUT, LLC AND CHESTNUT OPERATING COMPANY, LLC:
KOFFSKY SCHWALB
By: _____________________________________ Efrem Schwalb Koffsky Schwalb LLC 349 Fifth Avenue New York, NY 10016
FOR DEFENDANT PALISADES GARDEN GROUP, LLC MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
By:______________________________________ Elizabeth Rolande Gorman Christo Charlton Hadjicharalambous 100 Woodbury Road, Suite 402 Woodbury, NY 11797
It is so ORDERED this ______ day of __________________________ 2014.
________________________________________ HON. RONALD L. ELLIS UNITED STATES DISTRICT COURT JUDGE
30

EXHIBIT C
Equal Housing Opportunity Policy
As part of our continuing effort to ensure compliance with federal, state, and local anti-discrimination laws, we would like to take this opportunity to remind all employees, agents, and independent contractors, of [INSERT COMMUNITY NAME] of our policies regarding housing discrimination.
Equal housing opportunity is the policy of [INSERT COMMUNITY NAME]. This means that it is our policy and practice not to engage in or assist others to engage in housing discrimination. Consistent with that policy, we remind you that the anti-discrimination laws of the United States, New York State, and [INSERT LOCAL CITY/COUNTY] are quite specific in the area of housing. In conformance with those laws, you must not engage in any of the following conduct based on [INSERT CATEGORIES FROM APPLICABLE SECTION OF EXHIBIT F):
1. Refuse to show, rent, negotiate for the rental of, or otherwise withhold or make unavailable or deny housing;
2. Discriminate against any person in the terms, conditions, or privileges of housing or in the provision of services or facilities;
3. Make any verbal or written statement or inquiry with respect to housing indicates any preference, limitation or discrimination concerning a prohibited basis, or any statement indicating an intention to make any such preference, limitation or discrimination;
4. Represent that housing is not available for inspection or rental when it is in fact so available;
5. Deny requests for reasonable accommodation to rules, policies, practices, or services, or requests for reasonable physical modifications to the premises unless such requests are not reasonably related to a disabilitybased need, impose an undue financial and administrative burden, or fundamentally alter the nature of the services provided. In such a case, reasonable alternatives must be explored.
6. Coerce, intimidate, threaten or interfere with any person who is a prospective resident or current resident or anyone assisting a prospective
31

resident or current resident to exercise or enjoy the rights guaranteed by the federal Fair Housing Act and state and local fair housing laws. Providing equal opportunity in housing to all persons is the law. You should understand that any violation of this non-discrimination policy will lead to disciplinary action, up to and including discharge, and may result in civil liability in accordance with the law.
32

EXHIBIT D Acknowledgement of Receipt of Policy and Agreement to Follow I acknowledge that I have received, read, and understand [INSERT NAME OF COMMUNITY]’s Equal Housing Opportunity Policy. I agree to comply with the terms of the policy and with all federal, state, and local housing discrimination laws.
DATE EMPLOYEE NAME (PRINT) EMPLOYEE SIGNATURE ______________________________ EMPLOYEE JOB TITLE ______________________________ WORK ADDRESS 
33

EXHIBIT E Fair Housing Logo
EQUAL HOUSING
OPPORTUNITY
34

EXHIBIT F Non-Discrimination Statement Chestnut Ridge: Chestnut Ridge does not discriminate against any person on basis of race, color, national origin, religion/creed, sex, disability, marital status, age, sexual orientation, or military status.
The Esplanade sites in New York City: The Esplanade does not discriminate against any person on basis of race, color, national origin, religion/creed, sex, disability, marital status, sexual orientation, source of income, gender identity, citizenship or alienage status, lawful occupation, domestic partnership status, or military status.
The Esplanade of White Plains: The Esplanade does not discrimination against any person on the basis race, color,
national origin, ethnicity, religion/creed, sex/gender, disability, marital status, sexual orientation, source of income, alienage or citizenship status, military status or a person’s status as a victim of domestic violence, sexual abuse, or stalking.
The Esplanade of Palisades: The Esplanade does not discrimination against any person on the basis race, color, national origin, religion/creed, sex, disability, marital status, sexual orientation, or military status.
35

EXHIBIT G
U. S. Department of Housing and Urban Development

EQUAL HOUSING OPPORTUNITY
We Do Business in Accordance With the Federal Fair Housing Law
(1l1e FairHousing Amendments Actofl988)

It is illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex,
Handicap, Familial Status, or National Origin

• In the sale or rental of housing or residential lots
• In advertising the sale or rental of housing
• In the financing of housing

• In the provision of real estate brokerage services
• In the appraisal of housing • Blockbusting is also illegal

Anyone who feels he or sh e has been discriminated against may file a complaint of housingdiscri.m.Utnt.ion :
1-800-669-9777 (Toll F"ree) 1-800-927-9275 (TTY) lvww.hud.gol'/fai •·housing
Previous editions are obsolete

U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C. 20410
fonn HUD·928.1 (6/201 1)

36

EXHIBIT H
Chestnut Ridge First Floor Unit Assignment Policy
Effective: _____________________, 2014
Chestnut Ridge has adopted the following first floor unit assignment policy and created a waiting list for first floor units.
Definitions:
a. “FFWL” means first floor waiting list;
b. “Depositor” means an individual who has paid a deposit of $1000 to be placed on the FFWL and is not a current resident of Chestnut Ridge;
c. “Resident” means a current resident of Chestnut Ridge who is on the FFWL; and
d. “Unit Type” means a small studio, medium studio, one bedroom, or the first-available unit on the first floor.
Each Resident or Depositor interested in being placed on the FFWL must indicate which unit type they prefer or whether they want the first-available unit. Only one preference may be selected.
When management knows that any first floor unit is becoming available for occupancy, the unit will be offered in the following order, by unit type, and by date placed on the FFWL to:
1. Residents who are required by New York Law or regulation to live on the first floor due to a disability;
2. Depositors who use a wheelchair;
3. Other Residents;
4. Other Depositors.
Residents will be provided 24 hours each to decide whether to accept a first floor unit that becomes available. Depositors will be provided 48 hours each to decide whether to accept a first floor unit that becomes available. If a Depositor indicates an interest in a specific unit within 48 hours, the Depositor will have an additional 24 hours to pay the Chestnut Ridge Community Fee. The unit then will be held available for the Depositor for an additional fourteen (14) days pursuant
37

to the Community Fee Receipt terms attached to this policy. Chestnut Ridge is only required to contact Residents and Depositors on the FFWL once per month for a period of four consecutive months about the available unit within the preferred unit type category selected by the Resident or Depositor. Residents and Depositors will remain on the FFWL until they 1) accept a unit (regardless of whether they move in to the unit); or 2) are offered at least one unit per month for four months within their preferred unit type, whichever comes first. Chestnut Ridge will provide a reasonable accommodation to a Resident or Depositor with a disability for a specific unit on the first floor as may be necessary due to the person’s disability and after receipt of a request.
38

Chestnut Ridge
Community Fee Receipt
Thank you for your community fee payment in the amount of $3,600.
(Check one of the following) A. This payment entitles you the right to occupy suite # _______ at a daily rate of $___ in accordance with the terms of the Admission Agreement.
B. This payment entitles you to a first floor room assignment upon admission, with the daily rate and other terms in accordance with the terms of the Admission Agreement.
Any refunds or charges will be according to the conditions that follow: 1. In the event that the resident is unable to move- in due to medical reasons confirmed by the physician and the wellness nurse, a full refund will be given. 2. In the event that the resident is unable to move-in within 14 days of receipt of this fee, a $250 administrative fee will be deducted from the community fee and the balance refunded with a written request for a refund stating that you will not be seeking admission to the facility. 3. Residents are required to move-in within 14 days of receipt of the community fee and therefore you will be responsible as of for the daily room rate of _ per day.
Receipt of the community fee and agreement with the above terms and conditions are hereby acknowledged by the signatures below.
Name of Resident: _______________________ Responsible Party: ______________________ Chestnut Representative: _________________ Date: ______/______/______
Original and copy of check to file
39

EXHIBIT I Definition of Ambulatory For the purposes of this Admissions Agreement, “ambulatory” refers to someone who: 1) is not chronically bedfast; 2) is not chronically chairfast or unable to transfer, or chronically requires the physical assistance of another person to transfer.
40

EXHIBIT J
[Name of Community] Assistive Mobility Device Policy
Policy Statement:
The use of assistive mobility devices is presumed to be safe and permitted within [Name of Community], including within all common areas, subject to the Rules and Restrictions in this Policy.
Rules and Restrictions on the Use of Motorized Wheelchairs and Scooters:
Residents of [Name of Community] are permitted to use motorized wheelchairs and scooters, subject to the following rules and restrictions. Residents using motorized wheelchairs and scooters must:
x Yield to pedestrians. x Stop at all hallway intersections. x Obey [Name of Community’s] traffic signs (e.g. posted stop signs at
hallway crossings). x Operate motorized wheelchairs and scooters at a safe speed that does not
endanger [Name of Community’s] other residents, visitors, or staff. If the motorized wheelchair or scooter is equipped with a speed limiter, which allows a resident to set a “maximum speed” for the motorized wheelchair or scooter, the speed limiter shall be set to a maximum speed of 3 mph. x Maintain all equipment in good working condition, in accordance with applicable maintenance and operation manuals for the particular equipment. Residents are prohibited from modifying their equipment or removing safety features (e.g. brakes, locks, guards) without the prior written approval of [Name of the Community]. x Park motorized wheelchairs and scooters in designated parking or storage areas in the dining room and other common areas when not in use by the resident. Staff will be available to assist residents in moving motorized wheelchairs and scooters to, and retrieving motorized wheelchairs and scooters from, designated parking or storage areas as necessary. x Refrain from parking motorized wheelchairs and scooters in hallways or the path of other residents when not in use by the resident.
41

x Report any incidents of personal injury or property damage resulting from the use of motorized wheelchairs or scooters to [Name of Community] within 24 hours.
x Reimburse [Name of Community] for any property damage, above and beyond normal wear and tear, caused by use of a motorized wheelchair or scooter.
Residents shall have the right to request a modification of the aforementioned restrictions when such an accommodation may be necessary to afford a person with a disability the equal opportunity to enjoy [Name of Community].
Direct Threat Assessment Process
While the use of assistive mobility devices is presumed safe, [Name of Community] reserves the right to impose restrictions on the use of such devices on a case-by-case basis, following an individualized assessment, where it is determined that the use of such devices poses a direct threat to the health or safety of others or would result in substantial damage to the property of [Name of the Community] and others.
A direct threat assessment may be conducted at [Name of Community]’s discretion based on staff observations about a resident’s use of an assistive mobility device, or as a result of safety concerns identified through other means, such as a report of personal injury or property damage resulting from the use of an assistive mobility device, complaints from other residents, or failure of a resident to abide by the Rules and Restrictions on the Use of Motorized Wheelchairs and Scooters.
A direct threat assessment will:
x be based on reliable objective evidence (e.g. staff observations of current conduct, documented property damage);
x evaluate the nature, duration, and severity of the risk of injury; x consider whether there are reasonable accommodations that can be made
to eliminate the threat; and x be documented.
In the event that [Name of Community] determines that a resident’s use of an assistive mobility device poses a direct threat to the health or safety of others or will result in substantial damage to the property of
42

others, [Name of Community], in consultation with the resident, will identify reasonable restrictions or requirements that will ensure the safety and protection of others’ health and property, while maximizing the resident’s continued access to and use of [Name of Community]. However, [Name of Community] shall have the right to prohibit the use of an assistive mobility device if the community determines that there is no other way to adequately address the threat.
EXHIBIT K
[Name of Community] Dining/Common Area Policy
Policy Statement:
It is the policy of [Name of Community] that the dining and other common areas within [Name of Community] are open, accessible, and available to all residents of [Name of Community], including residents who use assistive mobility devices.
Dining Area Seating:
Seating in the dining area(s) shall be assigned by [Name of Community]. Seating assignments shall not be determined or restricted based on a resident’s disability, including a resident’s use of an assistive mobility device, except where:
1. Restrictions or seating assignments are necessary to address direct threats to the health or safety of others, or concerns about damage to the property of others, that have been identified and documented following an individualized direct-threat assessment. (E.g., if there is a documented history of injury to others as a result of a resident’s use of a motorized wheelchair in the dining room, the resident may be seated at a table close to the entry to the dining area to minimize risk to other residents.) See the Assistive Mobility Device Policy for more information about direct threat assessments.
43

2. Where a specific seating assignment is necessary to accommodate a resident’s disability or personal care needs. (E.g., if a resident requires the assistance of a personal care aide during meals, that resident may be seated at the end of a table to facilitate the personal care aide’s assistance.)
44

EXHIBIT L
[Name of Community] Voluntary Information Form
Staff at [Name of Community] is available to assist residents with a variety of activities, including daily housekeeping, laundry and linen services, and recreational activities. [Name of Community] also provides its residents with meals in the dining room. To better assist [Name of Community’s] staff in providing these services to its residents, residents may wish to provide [Name of Community] with basic information about their personal needs.
If you would like [Name of Community] to have this information, please use this form to provide us with the information you would like us to have. Completion of this form is completely voluntary. You are not required to complete this form, or to provide us with any healthcare or medical information. If you do not wish to respond to a particular question, please leave that question blank.
Name of Person Completing Form: ___________________________________________________
Resident’s Name: _______________________________________________________ ____________
Date of Birth: _____________ Age: _____
Food Allergies:
__________________________________________________________ ____________
__________________________________________________________ ____________
Dietary needs or restrictions: _______________________________________________________ _______________________________________________________ _______________________________________________________
45

_______________________________________________________ ______________ Are there any service-related requests or instructions about services that you would like us to be aware of? _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _____________
If you are interested in services that [Name of Community] does not provide, such as personal care aides, transportation, or hair salon services, please list these and [Name of Community] will provide you with contact information for providers.
__________________________________________________________ ____________
__________________________________________________________ ____________
__________________________________________________________ ____________
If you would like emergency responders to have access to any documents in the event of an emergency, such as emergency contact information, a DNR directive, a living will or healthcare proxy, or a list of current medications, [Name of Community] will provide you with a pre-marked envelope to store this information in your apartment in a place that is easy for emergency responders to locate. Please check here if you are interested. ____
46

EXHIBIT M [NAME OF COMMUNITY] is committed to providing equal housing opportunity, and will modify our rules, policies, practices, and services to meet the needs of individuals with disabilities upon request if the accommodation requested is reasonable and necessary to allow you to fully use and enjoy residing in our community, in accordance with the attached Reasonable Accommodation Policy and Request Form. [NAME OF COMMUNITY] does not discriminate against any person on the basis of [INSERT APPROPRIATE CATEGORIES OF PERSONS FROM EXHIBIT F]. Attached is a copy of the community’s Equal Housing Opportunity Policy.
47

EXHIBIT N

Getting to Know You Form

The following questions are designed for our team to get to know our residents. You may voluntarily choose to answer any or all of the following questions if you would like us to know more about you. If you do not wish to answer any of the questions below, please leave that question blank.

Resident’s Name: ______________________________________________________

1. What factor(s) most influenced your decision to move to The Esplanade?

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

2. How did you learn about The Esplanade?

______________________________________________________________________

______________________________________________________________________

3. Please provide a brief history of yourself, such as where you have lived and your education:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

4. Are you presently?

__ Retired

__ Semi-Retired

__Employed

__ Volunteering

__ None

A. If retired, when did you retire? __________________________________

B. If retired, what was your profession? _________________________________ B. If employed or volunteering, please elaborate: ____________________________

48

_______________________________________________________________________ 5.What are your greatest accomplishments and/or important life events? ______________________________________________________________________ ______________________________________________________________________ 6.Are you or were you married? ____________ Please list children’s names if applicable: ______________________________________________________________________ ______________________________________________________________________ 7.Do you have any hobbies or interests that you would like us to be aware of? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 8.If you would like more information about The Esplanade’s religious services and events, please check here: ___
If you checked yes, what type of information would you be interested in: _______________________________________________________________________ _______________________________________________________________________
9. Please feel free to add more information you would like us to know about yourself. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
49

EXHIBIT O

•Bill DEBLASIO, Mayor
PATRICIA L. GATLING, Commissioner/Chair

I f you b elieve that yo u are a victim of housing d i sc r imination , you should di a l 3 11 to reach the NY C C ommi ss i o n on Human Right s , or vis i t www . nyc. gov/cc hr .

50

CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY Draft 11/7/14
EXHIBIT P
racial or ethnic religious people living with HIV or AIDS gender sexual orientation employment housing disability public accommodations racial religious HIV or AIDS ethnic religious employment lzousing gender sexual
ln£0 Sheet Westchester County Human Rights Commission
Westcghoevst.ceor m
Westchester County Fair Housing Law Prohibits
DISCRIMINATION
m
HOUSING
ON THE BASIS OF: Actual or perceived differences, including those based on race, color, religion, ethrucity, creed, age, n ationa l origin, a lienage or citizenship status, familial sta tus, gender, marita l s tatus, sexual orientation and d isabili ty as well as victims or those w ho a re perceived to be v ictims of d omestic vio lence, sexual abuse or stal king.
BY: Anyone including, but n ot limited to owners, rea l estate brokers, cred it officers or agents, lessors, lessees, su b-lessees, assignees or managing agents, or other pe rsons having the right to rent, sell, lease, or approve the sale, re ntal or lease of housing accommodations, including publicly assisted housing.
WITH RESPECT TO: Purchase, sale, rental, lease o r the offer, negotia tion or application for credit for the re ntal, sa le, lease, sub-lease or refinancing of any property or housing accommodation incl ud ing furnishmg of facilities, ser vices, modifications, accommodations for rusability, or othe r ser vices or privileges that accompany the prope rty.
OR: To a dvertise, inquire or use in an a pplication for the sa le, purchase, renta l, lease or sub-lease of any property, any la nguage that expresses or appears to express a limi tation or indication of discri mination.
REMEDY MAY INCLUDE: Cease a nd desist order, m onetary damages, punitive d a mages, civil penalties, and any othe r remed y w hkh may be a ppropria te.
Lf you believe that you are the victim of ho using discrimination you may want to conside r contacting the Westchester County Human Rights Commission. Any complain ts of discrimination must be filed w ithin one (1) year of the alleged discriminatory act.
Violations should be reported to: Westchester County Human Righ ts Commission
112 East Post Road , 3rd Floor, White Plains, N ew York 10601 Phone: (914) 995- 7710 Fax: (914) 995-7720
www.westchestergov.comfhumanrights commission
51

CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY Draft 11/7/14
EXHIBIT Q
List of organizations

Name Bronx Independent Living Services, Inc.
Brooklyn Center for Independence of the Disabled Center for Independence of the Disabled New York Staten Island Center for Independent Living Hartem Independent Living Center
Long Island Center for Independent Living, Inc. Queens Center for Independence of the Disabled in New York Action for Independence, Inc.
Independent Living, Inc.
Rockland Independent Living Center
Westchester Independent Living Center
Putnam Independent ·Living Services
Westchester Disabled on the Move, Inc.
Westchester Residential Opportunities
Suffolk Independent Living Organization
Taconic Resources for Independence
Independent Living Inc.

Address
4419 Third Avenue, Suite 2C Bronx NY 10457 27 Smith Street, Suite 200 Brooklyn, NY 11201 841 Broadway #301 New York, NY 10003 470 Castleton Ave. Staten Island, NY 10301
289 St Nicholas Ave., Suite 21 New York, NY 10027 3601 Hempstead Turnpike, Ste. 208 Levittown NY 11756 80-02 Kew Gardens Road, #107 Kew Gardens, NY 11 415 P.O. Box 359-126 Seward Ave. Middletovm NY 10940
66 Bennett St Middletown, NY 10940 873 Rt. 45 ,Suite 108 New City, NY 10956 200 Hamilton Ave, ~ Floor White Plains, NY 1961 Route 6,
Carmel NY 10512 984 Broadway, Suite LL10 Yonkers, NY 10701
470 Mamaroneck Ave., Suite 410 White Plains, NY 10605
2111 Lakeland Ave. Ronkonkoma NY 11779
82 Washington St, Suite 214 Poughkeepsie, NY 12601
5 Washington Terrace, Newburgh NY 12550

Teleohone Number (718) 515-2800 (718) 855-4905 (212) 674.2300 (718) 720-9016 (212) 222-7122 (516) 796-0144 (646) 442-1520 (845) 343-4284 (845) 342-1 162 (845) 624-1366 (91 4) 682-S518 (845) 228-7457 (91 4) 968-6137 (91 4) 428-4507 (631) 880-7929 (845) 452-3913 (845) 565-1 162

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