Motion for Writ in Keishe Olivierre v. Parkchester Preservation Company, L.P., Parkchester Preservation Management, Llc| Trellis.Law

On July 11, 2022 a Complaint,Petition was filed involving a dispute between Keishe Olivierre, and Parkchester Preservation Company, L.P., Parkchester Preservation Management, Llc, for Torts - Other (Human Rights Law -Housing) in the District Court of New York County.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________ x
KEISHE OLIVIERRE,
Index No.:

Plaintiff,

-against- SUMMONS

PARKCHESTER PRESERVATION COMPANY, Plaintiff's Address:

L.P., and PARKCHESTER c/o Housing Works, Inc.
5th
PRESERVATION MANAGEMENT, LLC, 81 Willoughby Street, PlOOT
Defendants. Brooklyn, NY 11201
__________________________________________Ç

To the above-named Defendants:

PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the

Plaintiffs'
Complaint in this action and to serve a copy of your answer on the attorneys within 20

days after the service of this summons, exclusive of the day of service (or within 30 days after

the service is complete if thissummons is not personally delivered to you within the State of

New York).

YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be

entered against you by default for the relief demanded in the complaint.

Dated: July 11, 2022
New York, New York
HOUSING WORKS, INC.

By: M 4
Armen H. Mer
Elena Rodriguez
5th
81 Willoughby Street, PlOOr

Brooklyn, NY 11201

(718) 408-6502

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EMERY CELLI BRINCKERHOFF
ABADY WARD & MAAZEL LLP
Diane L. Houk
10th
600 Fifth Avenue, F100r
New York, New York 10020

(212) 763-5000

Attorneys for Plaintiff Keishe
Olivierre

TO: Parkchester Preservation Company, L.P.
2000 East Tremont Avenue

Bronx, NY 10462

Parkchester Preservation Management, LLC
2000 East Tremont Avenue

Bronx, NY 10462

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

KEISHE OLIVIERRE,

Plaintiff,
INDEX NO.:
-against-

PARKCHESTER PRESERVATION COMPLAINT

COMPANY, L.P., and PARKCHESTER
PRESERVATION MANAGEMENT, LLC,

Defendants.

Plaintiff Keishe Olivierre, by her attorneys, alleges as follows:

PRELIMINARY STATEMENT

1. Plaintiff Keishe Olivierre ("Ms. Olivierre") is an indigent, homeless woman living

with her two small children, aged one and five years. The City of New York has provided her

with a CityFHEPS (City Fighting Homelessness and Eviction Prevention Supplement) voucher

that will pay her entire rent and put an end to homelessness for her and her small children.

Defendants are: Parkchester Preservation Company, L.P. ("Parkchester Company"), the owner of

6,000 rental units at Parkchester in the Bronx, New York, and Parkchester Preservation

Management, LLC ("Parkchester Management"), the company that manages Parkchester

(collectively, "Defendants").

2. Anxious to end her homelessness and find permanent housing, Ms. Olivierre

applied to rent a three-bedroom apartment from Defendants utilizing her full CityFHEPS

voucher. The apartment was within the amount of her voucher. Nonetheless, Defendants

rejected Ms. Olivierre's application on the basis of insufficient income, notwithstanding the fact

that she possessed a voucher that would pay her full rent every month (thus rendering Ms.

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Olivierre's personal income irrelevant). In fact, Defendants informed Ms. Olivierre that she

must have an income of at least $62,000 per year, or find up to two guarantors with an income of

at least $124,000. A few months Ms. Olivierre applied once again for both a three- and a
later,

two-bedroom apartment at Parkchester, both within the range of her full voucher. Once again,

Defendants rejected her applications. Among other things, these baseless rejections have forced

Ms. Olivierre and her children to remain homeless to this day.

Defendants'
3. refusal to rent to an individual with a full housing voucher, on the

alleged basis of insufficient income, constitutes source of income discrimination in violation of

the New York City Human Rights Law (the "City HRL"), codified at New York City

Administrative Code § 8-107 et seq., and the New York State Human Rights Law (the "State

HRL"), codified at New York Executive Law § 290 et seq.

4. Ms. Olivierre files this action seeking a temporary restraining order and a

Defendants'
preliminary injunction, and permanent injunctive relief to stop illegal housing

attorneys'
practices, as well as compensatory and punitive damages, fees, and costs.

THE PARTIES

5. Plaintiff Ms. Olivierre is a 34-year-old, indigent woman living with her two sons,

aged one and five years. She is currently homeless in Bronx County, NY.

6. Defendant Parkchester Company is the owner of 6,000 rental units at Parkchester

in the Bronx, New York and is incorporated in the County of New York. Defendant Parkchester

Company utilized the services of Defendant Parkchester Management, as its agent, and had

knowledge of, established, directed, ratified, and otherwise approved the rental criteria for

Parkchester, including income requirements, at all relevant times.

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7. Defendant Parkchester Management is the company that manages the Parkchester

rental units, including advertising, showing, and renting the apartments. Parkchester

Management is incorporated in the County of New York. At allrelevant times, Parkchester

Management acted as the agent of Parkchester Company in the brokerage/rental of apartments at

Parkchester.

8. Parkchester is a planned residential community with on-site management services

and security staff. A subway station is located at Parkchester. There is an elementary school, a

U.S. post office, parking garages, a grocery store, a pharmacy, a 100-store retail shopping center,

on-site high-speed internet, and many parks and recreational areas within the community. Many

of Parkchester's rental units have been recently renovated with new kitchens and bathrooms, and

all of the buildings contain elevators.

JURISDICTION AND VENUE

9. This Court has subject matter jurisdiction over this action under N.Y. Judiciary Law

§ 140-b and § 7 of the Constitution of the State of New York.

10. This Court has personal jurisdiction over Defendants as set forth in CPLR § 301.

11. Venue is properly lodged in this Court pursuant to § 503 of the CPLR.

FACTUAL ALLEGATIONS

12. Plaintiff Keishe Olivierre is an indigent, homeless, 34-year-old woman living with

two small children, aged one and five years. She receives Food Stamps and cash assistance.

Because she is homeless, Ms. Olivierre qualified for and received a full CityFHEPS voucher

from the New York City Department of Social Services ("DSS") on April 8, 2022. The voucher

expires on August 8, 2022. CityFHEPS is a rental assistance supplement to help individuals and

families who are homeless or at risk of homelessness find and keep housing.

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13. CityFHEPS clients like Ms. Olivierre are responsible for their own search for a

privately-owned apartment within New York City and within the limit of their voucher. Once an

apartment is located by a client and approved, DSS provides the owner of the apartment the full

months'
first month's rent and the next three rent, together with a security voucher. For clients

such as Ms. Olivierre, DSS continues to provide the owner of the apartment direct-vendor checks

each month thereafter to pay the client's entire rent.

14. In April 2022, Ms. Olivierre's CityFHEPS voucher paid up to $2,217 per month

in rent - the full rent - to the landlord. (This figure has now increased to
monthly directly

$2,527.) Ms. Olivierre's share of the rent under the voucher was fixed at zero ($0.00) each

month. On or about April 8, 2022, Ms. Olivierre applied online for a three-bedroom apartment at

Parkchester with a monthly rent of $2,100. Under the CityFHEPS program, if your shopping

letter says you can rent an apartment with two bedrooms, you may rent an apartment with three

bedrooms as long as it meets the payment standard for a two-bedroom apartment. The

Parkchester apartment was within the range of Ms. Olivierre's voucher.

15. On April 12, 2022, Ms. Olivierre called Parkchester to inquire as to the status of

her application. Her call was transferred to Parkchester employee Aracelis Ladisa, and she left a

message with Ms. Ladisa requesting assistance. On April 13, 2022, Ms. Olivierre received an

email from Parkchester informing her that her application had been denied: "We regret to inform

denied."
you that your screening has been The message also stated that a representative would

contact Ms. Olivierre within one business day with additional information. Later that day, Ms.

income?"
Ladisa called Ms. Olivierre and asked her, "what is your Ms. Olivierre informed Ms.

Ladisa that she was not working but was using a fullvoucher to rent the apartment. Ms. Ladisa

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informed Ms. Olivierre that even with the voucher, Parkchester required her to show an income

of $62,000 to rent the apartment.

16. Later that same day, Ms. Olivierre called Ms. Ladisa to confirm that Parkchester

indeed insisted that she have income of $62,000 a year, an impossible requirement, even though

she had a full voucher. Ms. Ladisa confirmed this requirement, and explained that, in the

alternative, she could secure up to two guarantors, and they must meet double the $62,000

income requirement, or $124,000. Ms. Olivierre does not know anyone who could serve as a

guarantor (and this requirement is in fact illegal under the SOI laws).

17. On June 30, 2022, Ms. Olivierre once again applied for an apartment at

Parkchester, this time applying for both a three-bedroom and a two-bedroom apartment. Her

CityFHEPS voucher now paid up to $2,527 per month, an amount far higher than the rents for

the Parkchester apartments. In her applications, Ms. Olivierre expressly indicated that she

possessed a full CityFHEPS voucher to pay the rent. Once again, and within a matter of minutes,

Defendants rejected her applications, with the message: "We regret to inform you that your

denied."
screening has been

Defendants'
18. As a result of rejection, Ms. Olivierre and her children remained, and

stillremain, homeless.

Parkchester's Antiquated and Discriminatory Rental Policies

19. Defendants own and manage over 6,000 rental units at Parkchester in the Bronx,

New York. These are largely affordable housing units, within the monthly rental allowance of

the housing subsidies and vouchers available to indigent and low-income New York City

residents. Recent advertisements, for example, trumpet one-bedroom apartments as low as

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$1,475 per month, and two-bedroom apartments as low as $1,675 a month; these are well below

the limits for the CityFHEPS voucher.

20. In 2008, the New York City Council passed a law prohibiting SOI discrimination.

The New York State Legislature followed suit in 2019. Defendants, however, failed to altertheir

longstanding policies or criteria to ensure compliance with the SOI law, i.e.,to ensure that they

are not unlawfully excluding indigent and low-income applicants utilizing a voucher or subsidy.

As a result, they have unlawfully excluded CityFHEPS clients like Ms. Olivierre from their

housing (not to mention applicants with analogous subsidies or vouchers).

21. Defendants denied Ms. Olivierre the right to rent an available apartment at

Parkchester allegedly on the basis of insufficient income, notwithstanding the fact that she

possesses a housing voucher that will pay her full rent every month (thus rendering Ms.

Olivierre's personal income irrelevant). This refusal to rent to an individual with a full housing

subsidy, on the alleged basis of insufficient income, constitutes source of income discrimination.

General Allegations

22. As alleged in the foregoing paragraphs, Defendants intentionally and willfully

discriminated against Ms. Olivierre and acted with reckless disregard for the rights of Ms.

Olivierre on the basis of her lawful source of income.

Defendants'
23. refusal to conduct business specifically with an individual who has a

full housing subsidy, on the alleged basis of insufficient income, constitutes discrimination based

upon lawful source of income.

24. By reason of the foregoing, Ms. Olivierre was denied the opportunity to rent an

apartment at Parkchester. As a result, she and her children remain homeless.

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Defendants'
25. By reason of the foregoing, Ms. Olivierre has been injured by

discriminatory conduct and has sustained damages as a result of that conduct, including a loss of

her civil rights, emotional distress, humiliation and embarrassment, and loss of housing

opportunities.

26. Ms. Olivierre has not previously filed any other action with respect to the

allegations that are the subject of this Complaint.

FIRST CLAIM FOR RELIEF
(New York City Human Rights Law: Source of Income Discrimination)
(Parkchester Company and Parkchester Management)

27. Plaintiff restates and incorporates by reference the preceding paragraphs as if

fully set forth herein.

28. Defendant Parkchester Company is the owner and/or the managing agent and/or

accommodation[s]"
has the right to approve the rental of "housing in New York City as defined

by the City HRL § 8-102(10).

29. Defendant Parkchester Management is the owner and/or the managing agent

accommodation[s]"
and/or has the right to approve the rental of "housing in New York City as

defined by the City HRL § 8-102(10).

income"
30. A CityFHEPS voucher is a "lawful source of as defined by the City HRL

§ 8-102(25).

31. Section 8-107(5)(a)(1) of the City HRL provides that it shall be:

an unlawful discriminatory practice for the owner, lessor, lessee, sublessee,

assignees, or managing agent of, or other person having the right to sell, rent or

lease or approve the sale, rental or lease of a housing accommodation . .. or any
agent or employee thereof . .. because of any lawful source of income of such

person . .. (a)To refuse to sell, rent, lease, approve the sale, rental or lease or

otherwise deny to or withhold from any such person or group of persons such a

housing accommodation . .. (b) To discriminate against such person or persons in

the terms, conditions or privileges of the sale, rental or lease of any such housing

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accommodation or an interest therein or in the furnishing of facilities or services
in connection therewith, or (c) To represent to such person or persons that any
housing accommodation or an interest therein is not available for inspection, sale,
rental or lease when in fact itis available to such person.

32. Section 8-107(5)(a)(2) of the City HRL provides that it shall be:

an unlawful discriminatory practice for the owner, lessor, lessee, sublessee,
assignees, or managing agent of, or other person having the right to sell, rent or
lease or approve the sale, rental or lease of a housing accommodation . .. or any
agent or employee thereof . .. To declare . .. or cause to be declared . . . any
statement . .. or to use any form of application for the purchase, rental or lease of
such a housing accommodation or an interest therein or to make any record or

inquiry in conjunction with the prospective purchase, rental or lease of such a

housing accommodation or an interest therein which expresses, directly or

indirectly, any limitation, specification or discrimination as to . .. any lawful
source of income . .. or any intent to make such limitation, specification or
discrimination.

33. Finally, Section 8-107(13)(a) of the City HRL imposes strict liability upon

landlords and owners for the discriminatory conduct of their employee or agent. Itprovides: "An

employer shall be liable for an unlawful discriminatory practice based upon the conduct of an

employee or agent which is in violation of any provision of this section other than subdivisions

sections]."
one and two of this section [i.e.,other than the employment

34. Defendants violated Sections 8-107(5)(a)(1) and (2) by discriminating against Ms.

Olivierre in the rental of housing accommodations in the various ways set forth supra, including,

e.g., by refusing to rent, denying, and/or withholding apartments for rent because of lawful

source of income; by discriminating in the terms, conditions, or privileges of the rental of

housing accommodations based on lawful source of income; by representing that housing

accommodations were not available for inspection or rental when in fact they were available to

Plaintiff; and by declaring or causing to be declared statements, and making inquiries in

conjunction with the prospective rental of housing accommodations that expressed, directly or

indirectly, a limitation, specification, or discrimination as to a lawful source of income or an

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intent to make such limitation, specification, or discrimination.

Defendants'
35. conduct was willful, intentional, and in reckless disregard of Ms.

Olivierre's rights.

person,"
36. Ms. Olivierre is an "aggrieved as defined in the City HRL, § 8-502(a),

Defendants'
and has suffered damages as a direct and proximate result of discriminatory

conduct.

37. Accordingly, under City HRL §§ 8-502(a) and (g), Ms. Olivierre is entitled to

attorneys'
actual damages, punitive damages, injunctive relief, reasonable fees and costs.

38. Plaintiff has caused to be served a copy of this complaint upon the City

Commission on Human Rights and Corporation pursuant to Administrative Code 8-
Counsel, §

502(c).

SECOND CLAIM FOR RELIEF
(New York State Human Rights Law: Source of Income Discrimination)
(Parkchester Company and Parkchester Management)

39. Plaintiff restates and incorporates by reference the preceding paragraphs as if

fully set forth herein.

40. Defendant Parkchester Company is the owner or other person having the right to

sell, rent, or lease a housing accommodation as defined by § 292(10) of the State HRL to include

"any building . .. which is used or occupied . .. as the home, residence or sleeping place of one

beings."
or more human

41. Defendant Parkchester Management is the managing agent of Parkchester

Company, with the right to sell, rent, or lease a housing accommodation as defined by § 292(10)

of the State HRL to include "any building . .. which is used or occupied . .. as the home,

beings."
residence or sleeping place of one or more human

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income"
42. A CityFHEPS voucher is a "lawful source of as defined by the State

HRL § 292(36).

43. Section 296(5)(a)(1) of the State HRL provides:

It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee,
assignee, or managing agent of, or other person having the right to sell, rent or
lease a housing accommodation, constructed or to be constructed, or any agent or
employee thereof: (1) To refuse to sell,rent, lease or otherwise deny to or
withhold from any person or group of persons such a housing accommodation
because of the . .. lawful source of income . .. of such person or persons, or to
represent that any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact itis so available.

44. Section 296(5)(a)(2) of the State HRL provides:

It shall be an unlawful discriminatory practice for the owner, lessee, sub-lessee,
assignee, or managing agent of, or other person having the right to sell, rent or
lease a housing accommodation, constructed or to be constructed, or any agent or
employee thereof: . .. (2) To discriminate against any person because of . ..
lawful source of income . . . in
the terms, conditions or privileges of the sale,
rental or lease of any such housing accommodation or in the furnishing of
facilities or services in connection therewith.

45. Section 296(5)(a)(3) of the State HRL provides:

any statement, advertisement or publication, or to use any form of application for
the purchase, rental or lease of such housing accommodation which expresses,

directly or indirectly, any limitation, specification or discrimination as to . ..
lawful source of income . ..,or any intent to make any such limitation,
specification or discrimination.

46. Defendants violated Sections 296(5)(a)(1), (a)(2), and (a)(3) by discriminating

against Ms. Olivierre in the rental of housing accommodations in the various ways set forth

supra, including,e.g., by refusing to rent or otherwise denying to or withholding from Ms.

Olivierre a housing accommodation because of the lawful source of income of Ms. Olivierre; by

discriminating in the terms, conditions or privileges of the rental of a housing accommodation or

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in the furnishing of facilities or services in connection therewith because of lawful source of

income; and by printing or circulating or causing to be printed or circulated a statement,

advertisement or publication, or a form of application for the rental of a housing accommodation

that expressed, directly or indirectly, a limitation, specification or discrimination as to . . . lawful

source of income, or an intent to make such a limitation, specification or discrimination.

Defendants'
47. conduct was willful, intentional, and in reckless disregard of Ms.

Olivierre's rights.

person"
48. Ms. Olivierre is an "aggrieved under the State HRL and has suffered

Defendants'
damages as a direct and proximate result of discriminatory conduct.

49. Accordingly, under State HRL § 297, Ms. Olivierre is entitled to actual damages,

attorneys'
punitive damages, injunctive relief, reasonable fees and costs.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants as follows:

(a) Issuing a temporary restraining order, pending the hearing and determination of

Plaintiff's motion for a preliminary injunction, ordering Defendants to ensure

that at least one three-bedroom apartment within the price range of Ms.

Olivierre's voucher will be vacant and available for her to rent should her

application be approved, or if no three-bedroom apartment is or becomes

available, that at least one two-bedroom apartment within the price range of Ms.

Olivierre's voucher will be vacant and available for her to rent should her

application be approved;

(b) Issuing a preliminary injunction ordering Defendants to process Ms. Olivierre's

application for a three-bedroom apartment at Parkchester if one is available, or if

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not, for a two-bedroom apartment utilizing a full CityFHEPS voucher, without

applying a minimum income requirement, and ifthere is a waiting list,to place

her on the listutilizing her original application date;

Defendants'
(c) Declaring that discriminatory practices violate City HRL § 8-107 et

seq. and State HRL § 290 et seq.

Defendants'
(d) Enjoining Defendants, agents, employees, and successors, and all

other persons in active concert or participation from:

(i) Denying or withholding housing, or otherwise making housing

unavailable on the basis of lawful source of income;

(ii) Representing to any person because of lawful source of income that a

dwelling is not available for inspection, sale, or rental when such dwelling

is in fact so available and limiting information, by word or conduct,

regarding suitably priced dwellings available for inspection, sale, or rental

because of lawful source of income; and

(iii) Discriminating against any person in the terms, conditions, or privileges of

rental of a dwelling because of lawful source of income.

(e) Enjoining Defendants and their agents, employees, successors, and allother

persons in active concert or participation to:

(i) Make all necessary modifications to policies, practices, and procedures to

comply with the City and State HRL, including providing information

about and showing apartments to prospective renters on an equal basis

without regard to lawful source of income;

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(ii) Train all current and future management, agents, and employees on fair

housing laws;

(iii) Display an Equal Opportunity logo (or statement to that effect) on all

advertisements for rental property and display fair housing posters in all

offices;

(iv) Notify New York City organizations assisting prospective renters using a

CityFHEPS voucher that Defendants have adopted non-discriminatory

rental policies;

(v) Allow monitoring of their advertising, listings, showing of apartments,

application process, and rental decisions for multiple years;

(vi) Retain records, including 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 staff, tenants, and rental applicants;

(viii) Establish a system so that their employees and agents can be tested for

unlawful discriminatory practices for multiple years;

(ix) Attend fair housing training, conducted by a third-party acceptable to

Defendants'

Case Info

Judge

Richard G. Latin Track Judge’s New Case

Case No.

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Document Filed Date

July 11, 2022

Case Filing Date

July 11, 2022

County

Parties

City of New York Non Party
Emery Celli Brinckerhoff Abady Ward & Maazel LLP Attorney for the Plaintiff
GOODMAN, CAROL M Attorney for the Defendant
HEIGHINGTON, ANDREW RYAN Attorney for the Defendant
HOUK, DIANE L. Attorney for the Plaintiff
HOUSING WORKS, INC. Attorney for the Plaintiff
Keishe Olivierre Plaintiff
MATZA-BROWN, DANIEL Attorney
MULLER, JENNIFER MORGAN Attorney for the Defendant
MURDUKHAYEVA, ESTER Attorney
NEWMAN, JARED DAVID Attorney for the Defendant
Office of the Attorney General, State of New York Non Party
Parkchester Preservation Company, L.P. Defendant
Parkchester Preservation Management, LLC Defendant
PRAKASH, SWATI ROOPA Attorney
ARNOLD MANDELL Attorney
JARED DUJACK Attorneys for Defendants
ARMEN MERJIAN Attorneys for Defendants
ERIC ABRAMS Attorneys for Defendants
Deborah Newman Attorney
TEJ PRAKASH Attorneys for Plaintiffs

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Complaint,Petition: Keishe Olivierre v. Parkchester Preservation Company, L.P., Parkchester Preservation Management, Llc

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