Case: Fair Housing Justice Center v. Brooklyn Boulevard

1:25-cv-01256 | U.S. District Court for the Eastern District of New York

Filed Date: March 5, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 5, 2025, the Fair Housing Justice Center (“FHJC”) filed this lawsuit in the United States District Court for the Eastern District of New York against two assisted living operators and their development and group. FHJC alleged that defendants refused to accept applications from prospective residents with disabilities who used wheelchairs, as well as individuals with incontinence, in violation of the Fair Housing Act, the Rehabilitation Act, and New York State and New York City Human Rights Laws. Represented by Eisenberg & Baum LLP and Mobilization for Justice, Inc., plaintiffs sought declaratory and injunctive relief and punitive and compensatory damages. 

The case was assigned to Judge Ramon E. Reyes and Magistrate Judge Peggy Kuo.

This case is ongoing. Magistrate Judge Kuo scheduled an initial conference for June 26, 2025.

Summary Authors

Marisa London (3/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69707419/parties/fair-housing-justice-center-inc-v-brooklyn-boulevard-alp-llc/


Judge(s)
Attorney for Plaintiff

Borgmann, Jota Lee (New York)

Cremin, Kevin M (New York)

Jr, David John (New York)

Kessler, Tanya (New York)

Attorney for Defendant

Luntz, David T. (New York)

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Documents in the Clearinghouse

Document
1

1:25-cv-01256

Complaint

March 5, 2025

March 5, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69707419/fair-housing-justice-center-inc-v-brooklyn-boulevard-alp-llc/

Last updated Oct. 23, 2025, 7:56 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Boulevard ALP Associates LLC, Brooklyn Boulevard ALP LLC, Louisiana Purchase LLC, David Marx, Frances Marx, Marx Development Group, LLC, Queens Boulevard ALP, LLC filing fee $ 405, receipt number ANYEDC-18824692 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Fair Housing Justice Center, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Summons Boulevard ALP Associates LLC, # 4 Proposed Summons Brooklyn Boulevard ALP LLC, # 5 Proposed Summons David Marx, # 6 Proposed Summons Frances Marx, # 7 Proposed Summons Louisiana Purchase LLC, # 8 Proposed Summons Marx Development Group, LLC, # 9 Proposed Summons Queens Boulevard ALP, LLC, # 10 Civil Cover Sheet Civil Cover Sheet, # 11 Supplement Fed. R. Civ. P. 7.1 Disclosure Statement) (Hommel, David) (Entered: 03/05/2025)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Proposed Summons Boulevard ALP Associates LLC

View on RECAP

4 Proposed Summons Brooklyn Boulevard ALP LLC

View on RECAP

5 Proposed Summons David Marx

View on RECAP

6 Proposed Summons Frances Marx

View on RECAP

7 Proposed Summons Louisiana Purchase LLC

View on RECAP

8 Proposed Summons Marx Development Group, LLC

View on RECAP

9 Proposed Summons Queens Boulevard ALP, LLC

View on RECAP

10 Civil Cover Sheet Civil Cover Sheet

View on RECAP

11 Supplement Fed. R. Civ. P. 7.1 Disclosure Statement

View on RECAP

March 5, 2025

March 5, 2025

Clearinghouse
2

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER
3

Proposed Summons. Re 1 Complaint,,, by Fair Housing Justice Center, Inc. (Hommel, David) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER

Quality Control Check - Summons

March 7, 2025

March 7, 2025

PACER

Case Assigned/Reassigned

March 7, 2025

March 7, 2025

PACER

Case Assigned to Judge Ramon E. Reyes, Jr and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

March 7, 2025

March 7, 2025

PACER

Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

March 7, 2025

March 7, 2025

PACER
4

Summons Issued as to Brooklyn Boulevard ALP LLC, Louisiana Purchase LLC, David Marx, Frances Marx, Marx Development Group, LLC, Queens Boulevard ALP, LLC. (ENE) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
5

NOTICE of Appearance by Jota Lee Borgmann on behalf of Fair Housing Justice Center, Inc. (aty to be noticed) (Borgmann, Jota) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
6

NOTICE of Appearance by Tanya Kessler on behalf of Fair Housing Justice Center, Inc. (notification declined or already on case) (Kessler, Tanya) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
7

SCHEDULING ORDER: An Initial Conference will be held in this case on June 26, 2025 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By June 20, 2025, the parties must file a joint and completed copy of the Proposed Discovery Plan. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 3/11/2025. (RO) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER
8

NOTICE of Appearance by Kevin M Cremin on behalf of All Plaintiffs (aty to be noticed) (Cremin, Kevin) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER

Email Test

March 12, 2025

March 12, 2025

PACER

Email Notification Test - DO NOT REPLY (EV)

March 12, 2025

March 12, 2025

PACER
10

SUMMONS Returned Executed by Fair Housing Justice Center, Inc.. (Hommel, David) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
11

SUMMONS Returned Executed by Fair Housing Justice Center, Inc.. Louisiana Purchase LLC served on 3/14/2025, answer due 4/4/2025. (Hommel, David) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
12

SUMMONS Returned Executed by Fair Housing Justice Center, Inc.. Marx Development Group, LLC served on 3/14/2025, answer due 4/4/2025. (Hommel, David) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
13

SUMMONS Returned Executed by Fair Housing Justice Center, Inc.. Queens Boulevard ALP, LLC served on 3/14/2025, answer due 4/4/2025. (Hommel, David) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
14

SUMMONS Returned Executed by Fair Housing Justice Center, Inc.. Brooklyn Boulevard ALP LLC served on 3/14/2025, answer due 4/4/2025. (Hommel, David) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
9

SUMMONS Returned Executed by Fair Housing Justice Center, Inc.. Boulevard ALP Associates LLC served on 3/14/2025, answer due 4/4/2025. (Hommel, David) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
15

NOTICE of Appearance by David T. Luntz on behalf of All Defendants (aty to be noticed) (Luntz, David) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
16

WAIVER OF SERVICE Returned Executed by Marx Development Group, LLC, Queens Boulevard ALP, LLC, David Marx, Brooklyn Boulevard ALP LLC, Frances Marx, Louisiana Purchase LLC, Boulevard ALP Associates LLC. David Marx waiver sent on 3/14/2025, answer due 5/13/2025. (Luntz, David) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER
17

Letter MOTION for Extension of Time to File Answer by Boulevard ALP Associates LLC, Brooklyn Boulevard ALP LLC, Louisiana Purchase LLC, David Marx, Frances Marx, Marx Development Group, LLC, Queens Boulevard ALP, LLC. (Luntz, David) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

PACER

Order on Motion for Extension of Time to Answer

April 3, 2025

April 3, 2025

PACER

ORDER granting 17 Motion for Extension of Time to Answer. The deadline for defendants to answer or otherwise respond to the Complaint is extended to May 13, 2025. Ordered by Magistrate Judge Peggy Kuo on 4/3/2025. (RO)

April 3, 2025

April 3, 2025

PACER
18

ANSWER to 1 Complaint,,, by All Defendants. (Luntz, David) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

RECAP
19

Proposed Scheduling Order by Fair Housing Justice Center, Inc. (Attachments: # 1 Exhibit Proposed Confidentiality Order) (Hommel, David) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER
20

Letter MOTION to Adjourn Conference (with Plaintiff's consent) by Boulevard ALP Associates LLC, Brooklyn Boulevard ALP LLC, Louisiana Purchase LLC, David Marx, Frances Marx, Marx Development Group, LLC, Queens Boulevard ALP, LLC. (Luntz, David) (Entered: 06/19/2025)

June 19, 2025

June 19, 2025

RECAP

ORDER granting 20 Motion to Adjourn Conference. The Initial Conference is adjourned to July 11, 2025, at 11:00 a.m. before Magistrate Judge Peggy Kuo in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York.Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 6/20/2025. (JHY)

June 20, 2025

June 20, 2025

PACER

1 - Terminate Hearings AND Order on Motion to Adjourn Conference AND ~Util - Set Hearings

June 20, 2025

June 20, 2025

PACER

SCHEDULING ORDER: Due to the Court's unavailability, the Initial Conference scheduled for July 11, 2025 at 11:00 a.m. is adjourned to 3:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 6/23/2025. (RO)

June 23, 2025

June 23, 2025

PACER

1 - Terminate Deadlines and Hearings AND Scheduling Order

June 23, 2025

June 23, 2025

PACER
21

PROTECTIVE ORDER: The proposed Confidentiality Order filed at [19-1] is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 7/11/2025. (RO) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
22

Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on July 11, 2025. David Hommel, Jr., Esq. and Kevin Cremin, Esq. appeared on behalf of plaintiff. David Luntz, Esq. appeared on behalf of defendants. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties are directed to file a joint status report by December 1, 2025 reporting on the progress of discovery.The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by September 30, 2025. The parties are directed to file a joint status report by October 2, 2025 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court. The parties are encouraged to consent to Judge Kuo for all purposes going forward by filing the MJ Consent Form. The form should only be filed if all parties consent, and the parties may withhold consent without any adverse substantive consequences. Counsel are urged to discuss with their clients whether Magistrate Judge jurisdiction would be beneficial. (FTR Log: 3:20 - 3:28) (RO) (Entered: 07/14/2025)

July 11, 2025

July 11, 2025

RECAP

MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available on the Court's website. Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the Selection of Mediator Form. A list of EDNY Panel Mediators is available on the Court's website. EDNY Mediators are compensated in accordance with EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1). The Confidentiality Stipulation in-person or remote must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a Mediation Report to the ADR Department. (JR)

July 11, 2025

July 11, 2025

PACER

Mediation Instructions

July 14, 2025

July 14, 2025

PACER

Selection of Mediator

Sept. 2, 2025

Sept. 2, 2025

PACER
23

Status Report

Oct. 2, 2025

Oct. 2, 2025

PACER

Order Dismissing Case

Oct. 3, 2025

Oct. 3, 2025

PACER

Report of Mediation(Settled/Unsettled)

Oct. 6, 2025

Oct. 6, 2025

PACER

Case Details

State / Territory: New York

Case Type(s):

Fair Housing/Lending/Insurance

Disability Rights

Key Dates

Filing Date: March 5, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

non-profit housing justice organization

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Brooklyn Boulevard ALP LLC (Brooklyn, New York), Private Entity/Person

Queens Boulevard ALP LLC (Flushing, New York), Private Entity/Person

Marx Development Group LLC (New York), Private Entity/Person

Defendant Type(s):

Multi-family housing provider

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Housing

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Discrimination Area:

Housing Sales/Rental

Discrimination Basis:

Disability (inc. reasonable accommodations)