2025-01-17 DOJ SDNY pdf 67,523 chars

U.s. V. East 124th Street Consent Decree

Exhibit of United States Files Fair Housing Act Lawsuit Against Lettire Construction Corp. And Related Entities For Failure To Construct Apartments With Features Accessible To Persons With Disabilities

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summary

East 124th Street LLC agreed to a consent decree with the United States to resolve Fair Housing Act violations at the Tapestry, requiring retrofits and a $30,000 penalty.

paragraph

East 124th Street LLC has agreed to a consent decree with the United States to resolve allegations of Fair Housing Act violations at the Tapestry. The decree requires East 124th to make significant retrofits to the property, including accessible design features, within a specified timeframe. These retrofits will be inspected by a neutral third party to ensure compliance. Additionally, East 124th must pay a $20,000 initial settlement fund for compensating aggrieved persons and a $10,000 civil penalty. They will also provide notice to residents, allow investigations into potential claims, and maintain records of new multifamily dwellings. The decree includes provisions for ongoing compliance, including training on the Fair Housing Act and regular reporting.

narrative

East 124th Street LLC has been sued by the United States for allegedly violating the Fair Housing Act by not designing and constructing the Tapestry with accessible and adaptive design features. The parties have reached a consent decree where East 124th agrees to make modifications to the Tapestry to comply with the FHA, including retrofitting public and common use areas and individual dwelling units within a specified timeframe. The consent decree also requires East 124th to provide notice to residents, certify the distribution of these notices, amend existing leases to include an Accessibility Modification Rider, and allow inspections to ensure compliance with the retrofits. Additionally, East 124th must pay a $20,000 initial settlement fund for compensating aggrieved persons and a $10,000 civil penalty, and provide notice to residents and allow investigations into potential claims. The term of the decree is two years and six months, with the possibility of extension by mutual agreement of the parties. The decree includes provisions for ongoing compliance, including training on the Fair Housing Act and regular reporting. East 124th must also provide notices to the United States and prospective buyers when selling or transferring ownership of the Tapestry. Additionally, East 124th must comply with FHA standards for new multifamily dwellings.

Enriched metadata

Scheme: non-corporate (100%)
Court: Southern District of New York

Classified non-corporate(confidence 100%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →

Extracted insights

Dollar amounts 3

$50K $50,000 $10K–$100K
$20K $20,000 $10K–$100K
$10K $10,000 $10K–$100K

Entities 2

person elevator access
location United States

Triples 6

United States is bringing Action
East 124th has denied rights to a group of persons
Tapestry is subject to accessible design requirements of the FHA
East 124th is the owner the Tapestry
Tapestry contains 185 rental units
Tapestry has elevator access

PDF

U.s. V. East 124th Street Consent Decree · Source

Text layers

Extracted body text (67,523c)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff,

LETTIRE CONSTRUCTION CORP.; LETTIRE
124TH STREET LLC, UBC CHESTNUT
COMMONS LLC; UBC SUMNER LLC, EAST
124TH STREET LLC; CHESTNUT COMMONS
HOUSING DEVELOPMENT FUND CORP.; and
MHANY MANAGEMENT, INC.,

Defendants.

25 Civ. 483 (___)

CONSENT DECREE AS TO
EAST 124TH STREET LLC

INTRODUCTION

This Consent Decree is entered into between plaintiff the United States of America (the

“United States”) and defendant, East 124th Street LLC (“East 124th”) concerning the building

known as the Tapestry and located at 245 East 124th Street in Manhattan (the “Tapestry”);

WHEREAS, the United States is bringing the above-captioned action (the “Action”) to

enforce provisions of the Fair Housing Act (“FHA”), codified at 42 U.S.C. §§ 3601–3619.

Specifically, the United States’ complaint in this Action alleges that East 124th has denied rights

to a group of persons in a manner raising an issue of general public performance, in that the

Tapestry was not designed with the features of accessible and adaptive design and construction

required by the FHA, 42 U.S.C. § 3604(f)(3)(c);

WHEREAS, the Tapestry is subject to the accessible design and construction requirements

of the FHA, 42 U.S.C. § 3604(f)(3)(c);

WHEREAS, defendant, East 124th, is the owner of the Tapestry;

A. Relevant Requirements of the Fair Housing Act

WHEREAS, the FHA provides that residential buildings that are designed and constructed

for first occupancy after March 13, 1991, and which have four or more dwelling units and one or

more elevators, are Covered Multifamily Dwellings and must include certain basic features of

accessible design as set forth in 42 U.S.C. §§ 3604(f)(3)(C) and (f)(7)(A);

WHEREAS, the accessible and adaptive design provisions of the FHA require that for

Covered Multifamily Dwellings: (i) the public use and common use portions of such dwellings are

readily accessible to and usable by persons with a disability; (ii) all the doors designed to allow

passage into and within all premises within such dwellings are sufficiently wide to allow passage

by persons with a disability using wheelchairs; (iii) all premises within such dwellings contain the

following features of adaptive design: (I) an accessible route into and through the dwelling; (II)

light switches, electrical outlets, thermostats, and other environmental controls in accessible

locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV)

usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the

space. 42 U.S.C. § 3604(f)(3)(c) (these provisions and features are referred to herein as the

“Accessible Design Requirements”);

B. Conditions at the Tapestry

WHEREAS, the Tapestry is a 12-story residential apartment complex located at 245 East

124th Street in Manhattan, designed and constructed for first occupancy in 2009. The Tapestry

contains 185 rental units and has elevator access. The public and common features at the Tapestry

include, inter alia, a lobby, a fitness center, and a bicycle storage room;

WHEREAS an inspection of the Tapestry identified, inter alia, the following conditions

at the Tapestry that the United States alleges fail to meet the Accessible Design Requirements:

a. Excessively high counter at the sign-in desk in the lobby;

b. Excessively high thresholds at the entrance to the outdoor terrace;

c. Mailboxes mounted too high to accommodate persons who use wheelchairs;

d. Insufficiently wide doors to terraces from individual units;

e. Excessively high thresholds at doorways to bathrooms in individual units;

f. Insufficient clear floor space in bathrooms in individual units;

g. Insufficiently wide maneuvering space within kitchens in individual units; and

h. Inaccessible location of environmental controls in individual units.

C. Agreement of the Parties to this Consent Decree

WHEREAS, the United States and East 124th (collectively, the “Parties”) agree that this

Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C. §§ 1331 and 1345,

and 42 U.S.C. § 3614(a); and

WHEREAS, East 124th agrees to make modifications to the Tapestry as set forth herein.

IT IS HEREBY AGREED, by and between the Parties, as follows:

I. COMPLIANCE WITH THE FHA

1. East 124th and its officers, employees, agents, successors, and assigns, and all other

persons in active concert or participation with East 124th, agree that they will not discriminate on

the basis of disability as prohibited by the FHA, 42 U.S.C. § 3604.

II. RETROFITS AT THE TAPESTRY

2. The United States alleges that the Tapestry was not designed or constructed in

accordance with the FHA or the Fair Housing Accessibility Guidelines, Design Guidelines for

Accessible/Adaptable Dwellings, 56 Fed. Reg. 9472 (Mar. 6, 1991) (the “Guidelines”). Without

admitting liability for the design and/or construction of the Tapestry, East 124th agrees to address

the conditions alleged to be FHA violations as set forth in Appendices A-1 and A-2.

A. Modifications to the Public and Common Use Areas

3. As soon as reasonably possible, but no later than six (6) months after the entry of

this Consent Decree by the Court, East 124th shall use commercially reasonable efforts to finish

all the retrofits listed in Appendix A-1. East 124th shall make reasonable efforts to minimize

inconvenience to residents of the Tapestry in making such retrofits.

4. Within thirty (30) days of the entry of this Consent Decree, East 124th shall post a

written notice on the lobby bulletin board at the Tapestry stating that the common area retrofits

required under this Consent Decree will be performed in the public and common use areas at the

Tapestry. Such notice shall conform to Appendix B.

5. East 124th shall certify to the United States in writing that the notices required by

Paragraph 4 have been posted.

B. Modifications to Dwelling Unit Interiors

6. For each unit at the Tapestry listed in Appendix A-2, East 124th shall use

commercially reasonable efforts to finish the retrofits listed therein no later than two (2) years from

the entry of this Consent Decree (unless otherwise specified in Appendix A-2) or, as to retrofits

to be made upon request of a resident, no later than three (3) months after the request. East 124th

shall make reasonable efforts to minimize inconvenience to residents in making such retrofits.

7. Within sixty (60) days from the date of the entry of this Consent Decree, East 124th

shall provide by electronic means a notice to each resident who resides in an individual dwelling

unit that is subject to being retrofitted at the Tapestry per Appendix A-2 that: (1) East 124th has

agreed to retrofit certain features of the units to make them more accessible; (2) the retrofits set

forth in Appendix A-2 will be commenced within sixty (60) days after the notice is electronically

delivered (unless otherwise specified in Appendix A-2) or, as to retrofits to be made upon request

of a resident of the units, within sixty (60) days of written request by the resident; (3) East 124th

will use commercially reasonable efforts to complete the retrofits within three (3) months after

commencement, unless otherwise specified in this Consent Decree; and (4) the scheduling of the

retrofits will take into account the preferences and convenience of the resident and that the

reasonable costs of relocation, if necessary, will be provided in advance. The notice shall be

substantially in the form of Appendix C.

8. East 124th shall certify to the United States in writing that the notices described in

Paragraph 7 have been distributed and shall specify the manner in which they were distributed,

within thirty (30) days after such distribution. Such certification shall include the names and

addresses of the persons to whom the notices were distributed.

C. Perpetual Lease Provision

9. East 124th shall amend all existing leases at the Tapestry to include, and shall

append to all future leases, an “Accessibility Modification Rider” in the form attached as

Appendix D. The Accessibility Modification Rider shall reflect the fact that East 124th will provide

any retrofit listed in Appendix A-2 upon the request of any current or future tenant of the Tapestry,

in perpetuity. The Accessibility Modification Rider shall be provided to all prospective tenants

upon touring or viewing a dwelling unit at the Tapestry. Furthermore, the United States may, from

time to time, provide the Accessibility Modification Rider to state and local agencies or public

interest organizations serving the needs of people with disabilities. Nothing in this Paragraph or

the Accessibility Modification Rider shall relieve East 124th of any obligation to take the corrective

actions and/or perform the retrofits described in Appendix A-1, and Appendix A-2 of this Consent

Decree.

III. NO ADVERSE ACTION

10. Neither present nor future residents of the Tapestry may be charged any additional

rent, deposit, fee, or other consideration for the units in which retrofits are or may be implemented

because of completed, contemplated, or possible retrofits required under this Consent Decree. East

124th shall take no adverse action against any present or future resident of the Tapestry because

such person requests to have his or her apartment, or prospective apartment, modified in

accordance with this Consent Decree. Nothing in this Paragraph, however, shall restrict or impede

East 124th’s rights with respect to any of the Tapestry that is the subject of this Consent Decree to

continue, in a non-discriminatory manner, to lawfully establish and raise rents consistent with their

business goals and obligations and with market conditions, including increasing rents after the

expiration of a current lease due to an increase in the market value of the unit, whether or not such

increase is on account of upgrades to such unit (other than retrofits required under this Consent

Decree) done at or about the same time as retrofits required under this Consent Decree.

Performance of the retrofits required by the terms of this Consent Decree does not constitute a

diminution in services provided at the Tapestry.

IV. IMPEDIMENTS TO PERFORMANCE

11. In the event that any act or omission beyond East 124th’s control and occurring

without its fault or negligence affects the performance of any requirement in Section II of this

Consent Decree, the Parties shall endeavor, in good faith, to determine whether modifications to

this Consent Decree are necessary. In particular, if a resident at the Tapestry refuses (whether

lawfully or not) to allow a retrofit or to vacate a unit such that a retrofit required to be made under

this Consent Decree may not be made, East 124th shall not have any obligation to perform the

retrofit. East 124th shall take reasonable measures to secure a resident’s consent and document for

the United States the efforts it made, and the reason(s) given for refusal. Nothing herein shall be

construed as requiring East 124th to bring a lawsuit against a resident who refuses to allow East

124th to perform a retrofit to that resident’s unit as specified in Section II of this Consent Decree;

and nothing herein shall be construed as requiring East 124th to perform any act beyond the

expiration of this Consent Decree except with respect to work commenced prior to such expiration,

and the Accessibility Modification Rider obligations summarized in Paragraph 9 hereof and in

Appendix D annexed hereto.

V. NEUTRAL INSPECTOR

12. East 124th shall enter into a contract with a neutral inspector approved by the United

States (“Inspector”) to conduct on-site inspections of all retrofits performed under this Consent

Decree to determine whether modifications have been made in compliance with the specifications

in the Appendices A-1 and A-2. The Inspector shall have expertise in the design and construction

requirements of the FHA. The Inspector may be the same person as the Surveyor.

13. The Inspector may, upon request of East 124th, review and comment upon the

sufficiency of all proposed retrofits in writing in advance of any retrofit by East 124th, but such

review and comment shall be completed no later than thirty (30) days after the request.

14. An initial inspection of the Tapestry shall take place within the later of (a) thirty

(30) days after the completion of all of the retrofits set forth in, respectively, Appendices A-1 and

A-2 (except for retrofits to be made at a resident’s request), or (b) six (6) months prior to the

expiration of this Consent Decree, or as soon thereafter as practicable.

15. For the initial inspection, East 124th shall give the United States at least twenty-one

(21) days prior notice of the inspection and shall give the United States an opportunity to have its

representative present for the inspection.

16. The Inspector shall set out in writing the results of his or her inspection, including

any deficits, and shall send that report to East 124th and to the United States.1 The report shall state

whether the retrofits required by the applicable Appendix have been completed, and shall list any

required retrofits that were not completed.

17. If the inspection indicates that not all of the required retrofits have been made as

specified in the applicable Appendices, or retrofit proposals, East 124th shall use commercially

reasonable efforts to correct any deficiencies for which East 124th are provided access within

ninety (90) days and shall pay for another inspection by the same Inspector to certify that the

deficiencies have been corrected. This process shall continue until the Inspector certifies that all

of the necessary modifications for which East 124th has been provided access have been made.

East 124th shall pay all of the Inspector’s reasonable costs associated with these inspections, and

such payments shall be made without regard to the Inspector’s findings. Upon reasonable notice,

representatives of the United States shall be permitted to inspect the modifications and/or the third-

party inspection reports provided for in this Consent Decree, to ensure compliance.

18. Nothing in this Consent Decree shall relieve East 124th of its obligations to schedule

inspections and/or correct deficiencies as set forth in this Section (including, but not limited to,

inspection of the retrofits that East 124th is required to make prior to the expiration of this Consent

Decree) even if such obligations extend beyond the term of this Consent Decree; provided,

however, that, if an in-unit retrofit is on request of a resident of the unit and the resident refuses to

allow the retrofit or refuses to vacate the unit so that the retrofit may not be made, East 124th shall

be relieved of its obligation to perform such retrofit.

1 For purposes of this Consent Decree, notices provided to the United States shall be

addressed to Chief, Civil Rights Unit, Office of the United States Attorney for the Southern District
of New York, 86 Chambers Street, Third Floor, New York, NY 10007. Electronic courtesy copies
also shall be delivered to the undersigned Assistant United States Attorneys.

VI. TRANSFER OF INTEREST IN PROPERTIES

19. The sale or transfer of ownership, in whole or in part, of East 124th’s interest(s) in

the Tapestry, if any, shall not affect its continuing obligation to retrofit, and/or conduct or allow

inspections or surveys of, the Tapestry as specified in this Consent Decree, unless East 124th has

obtained in writing, as a condition of sale or transfer, the purchaser or transferee’s commitment to

assume such obligations, so that the purchaser or transferee will be bound by the terms of this

Consent Decree to make retrofits and allow or conduct inspections or surveys as set forth in this

Consent Decree, and will be subject to the jurisdiction of this Court.

20. Should East 124th decide to sell or transfer any of its ownership in the Tapestry, if

any, in whole or in part, or any portion thereof, prior to the completion of the retrofits specified in

this Consent Decree for the Tapestry, East 124th will, at least thirty (30) days prior to completion

of the sale or transfer: (a) provide each prospective buyer with a copy of this Consent Decree and

written notice that the Tapestry is subject to this Consent Decree, including specifically East

124th’s obligations to either (i) complete required retrofit work and allow inspections, or (ii) assign

such obligations to the purchaser or transferee by obtaining the purchaser or transferee’s

commitment to be bound by this Consent Decree, subject to the jurisdiction of this Court; and (b)

provide to the United States, by email and first-class or overnight mail, written notice of the

owner’s intent to sell or transfer ownership, along with a copy of the notice sent to each buyer, and

each buyer’s name, address and telephone number.

VII. NON-DISCRIMINATION IN OTHER DESIGN AND CONSTRUCTION

21. East 124th shall design and construct all new Covered Multifamily Dwellings in full

compliance with one of the following standards (each a “Standard”), where such a single Standard

has been used in its entirety: (i) the Guidelines; or (ii) a standard that the Department of Housing

and Urban Development has designated as an FHA safe harbor. During the term of this Consent

Decree, upon reasonable notice, the United States will be permitted reasonable access to such

properties to inspect for compliance with such standards, rules, and laws.

22. For each new Covered Multifamily Dwelling that East 124th constructs during the

term of this Consent Decree (“New Construction”), East 124th shall retain an FHA compliance

consultant (the “FHA Consultant”) to help ensure that the as-constructed features at such

properties comply with the FHA’s Accessible Design Requirements.2 East 124th shall direct its

employees, agents, and/or contractors to seek the FHA Consultant’s advice regarding the selection

of appliances (e.g., refrigerators and ranges) and fixtures (e.g., doors, thresholds, and lavatories);

the effect of deviations from the architects’ plans on the accessibility of conditions at the Tapestry;

as well as other issues that arise during construction that affect accessibility. Further, prior to the

completion of construction of each building, East 124th shall arrange for the FHA Consultant to

conduct a visit of the building to identify any construction issues that may result in inaccessible

conditions and recommend appropriate solutions.

23. The agreement or contract between East 124th and the FHA Consultant shall specify

that the FHA Consultant is being retained, in part, in connection with the FHA Reviewer’s

responsibilities under this Consent Decree. Further, within thirty (30) days of retaining the FHA

Consultant for any New Construction during the term of this Consent Decree, East 124th shall

provide a copy of this Consent Decree to the FHA Consultant and secure the signed statement

from the FHA Consultant acknowledging that he or she has received and read this Consent Decree

and has had an opportunity to have questions about this Consent Decree answered. This statement

shall be substantially similar to the form of Appendix G.

2 The FHA Consultant may be the same individual as the FHA Reviewer.

24. During the term of this Consent Decree, East 124th shall submit, on an annual basis,

a certification to the counsel for the United States affirming that they have retained an FHA

Consultant for each Covered Multifamily Dwelling under construction during that year and

specifying each covered multifamily dwelling for which an FHA Consultant was retained by East

124th to provide advice and the identity (and affiliation, if applicable) of the FHA Consultant. East

124th shall provide this certification within 30 days of the end of each 12-month period from the

entry of this Consent Decree.

25. During the term of this Consent Decree, East 124th shall maintain, and provide to

the United States upon request, the following information and statements regarding any new

multifamily dwellings intended to be developed, built, designed, and/or engineered in whole or in

part, by East 124th or by any entities in which East 124th has a position of control as an officer,

director, member, or manager, or has more than fifty percent (50%) ownership share:

• the name and address of the project;

• a description of the project and the individual units;

• the name, address, and telephone number of the civil engineer(s) involved with the

project;

• a statement from the lead civil engineer(s) involved with the project acknowledging

and describing his/her knowledge of and training in the requirements of the FHA and

in the field of accessible site design, certifying that he/she has reviewed the engineering

documents for site work for the project and that the design specifications therein fully

comply with the requirements of the FHA, and stating a Standard with which the design

specifications comply;

• the name, address and telephone number of the architect(s) who are employed or

retained by East 124th and are involved with the project;

• a statement from the lead disability accessibility professional employed or retained by

East 124th, acknowledging and describing his/her knowledge of and training in the

requirements of the FHA and the Guidelines, and in the field of accessible site design,

certifying that he/she has reviewed the architectural plans for the project and that the

design specifications therein substantially comply with the requirements of the FHA,

and stating a Standard with which the design specifications comply.

VIII. PAYMENTS TO AGGRIEVED PERSONS

26. Within thirty (30) days of the entry of this Consent Decree, East 124th shall deposit

in a separate account the sum of twenty-thousand ($20,000) dollars for the purpose of

compensating any aggrieved persons who may have suffered as a result of alleged discriminatory

housing practices at the Tapestry. This deposited money shall be referred to as the “Initial

Settlement Fund.”

27. Within thirty (30) days of entry of this Consent Decree, East 124th shall place on its

website a link to an electronic version of the Notice set forth in Appendix E in an Adobe Acrobat

Portable Document Format (“PDF”). The link should state “Accessibility Notice” and should

appear on the upper half of the website, in a conspicuous font style and color.

28. Within thirty (30) days of the entry of this Consent Decree, East 124th shall send by

electronic mail a copy of the Appendix E Notice to each present resident at the Tapestry. Within

seventy-five (75) days of entry of this Consent Decree, East 124th shall provide the United States

with proof that the Appendix E Notice has been sent. The United States may make its own efforts

to locate and provide notice to potential aggrieved persons.

29. East 124th shall permit the United States, upon reasonable notice, to review any

records that may reasonably facilitate its investigations to locate allegedly aggrieved persons and

make determinations regarding their potential claims. In addition, East 124th shall identify to the

United States any persons who have claimed to be aggrieved by deficient accessibility at the

Tapestry.

30. The United States shall investigate the claims of allegedly aggrieved persons and

shall determine which persons are aggrieved and an appropriate amount of damages that should

be paid to each such person. The United States will inform East 124th in writing of each of its

determinations, together with a copy of a sworn declaration from each aggrieved person setting

forth the factual basis of the claim. If the United States determines that the Initial Settlement Fund

is insufficient to compensate all aggrieved persons at the Tapestry, the United States shall be

entitled to make determinations that award aggrieved persons, in the aggregate, a total amount

exceeding the Initial Settlement Fund, but not exceeding fifty-thousand ($50,000.00) dollars in

total.

31. If East 124th disputes the amount of a payment to an aggrieved person, East 124th

shall, within fourteen (14) days of receiving notice of a determination from the United States (a

“Determination”), provide a written objection to the United States, along with any information or

documents that they believe may refute the aggrieved person’s claim. The United States shall give

due consideration to any objections it receives from East 124th and shall submit, following any

objection, its reconsidered determination (a “Reconsidered Determination”) to East 124th, in

writing, setting forth the aggrieved person and the amount that the aggrieved person shall be paid.

If East 124th disputes the Reconsidered Determination, it may—within twenty (20) days after

receiving the Reconsidered Determination—file an application with the Court to reinstate this case

and request that the Court adjudicate East 124th’s objection to the Reconsidered Determination. In

such an event, the Court may sustain or overrule the objection.

32. East 124th shall, no later than twenty (20) days after receiving a Determination to

which no objection has been made, or twenty-five (25) days after receiving a Reconsidered

Determination to which no objection has been filed with the Court, or ten (10) days after any

decision by the Court overruling a filed objection, whichever is earliest, deliver to the aggrieved

persons checks in the amounts identified by the United States, with proof of delivery provided to

the United States. In no event shall the aggregate of all such checks exceed the amount of fifty-

thousand ($50,000) dollars, plus any accrued interest. No aggrieved person shall be paid until

he/she has executed and delivered to the United States the release at Appendix F and the United

States has delivered the original of such executed release to East 124th.

33. No adverse action shall be taken against any person because such person cooperates

with the United States in its investigations, makes a claim, or seeks to make a claim under this

Consent Decree.

34. In the event that less than the total amount in the Initial Settlement Fund including

accrued interest is distributed to aggrieved persons, and after the United States determines that no

further aggrieved persons will be identified within the term of this Consent Decree, then, no later

than the earlier of (a) when the United States determines that no further aggrieved persons will be

identified, or (b) the expiration of this Consent Decree, any remainder in the Initial Settlement

Fund shall revert to the United States Treasury.

IX. CIVIL PENALTY

35. Within thirty (30) days of the date of entry of this Consent Decree, East 124th shall

pay a civil penalty of ten-thousand ($10,000.00) dollars pursuant to 42 U.S.C. § 3614(d)(1)(C) to

vindicate the public interest. East 124th shall pay said sum by following wiring instructions to be

provided by the United States.

X. EDUCATIONAL PROGRAM

36. Within thirty (30) days of the entry of this Consent Decree, East 124th shall provide

a copy of this Consent Decree to all of its agents and employees involved in the design or

construction of the Tapestry, and secure the signed statement from each agent or employee

acknowledging that he or she has received and read this Consent Decree, and has had an

opportunity to have questions about this Consent Decree answered. This statement shall be

substantially similar to the form of Appendix G. During the term of this Consent Decree, any new

employee, agent, or supervisor of East 124th who will be involved in the design or construction of

a new Covered Multifamily Dwellings shall, within thirty (30) days after the date he or she

commences an agency or employment relationship with East 124th, be given a copy of this Consent

Decree by East 124th, and East 124th shall require each such new agent or employee to sign a

statement, acknowledging that he or she has received and read this Consent Decree, and has had

an opportunity to have questions about this Consent Decree answered. This statement shall be

substantially similar to the form of Appendix G.

37. Within 30 days of the entry of this Consent Decree, East 124th shall provide a copy

of this Consent Decree to all its agents and employees involved in rental of units at the Tapestry,

and secure the signed statement from each agent or employee acknowledging that he or she has

received and read this Consent Decree, and has had an opportunity to have questions about this

Consent Decree answered. This statement shall be substantially similar to the form of Appendix

38. During the term of this Consent Decree any new employee, agent, or supervisor of

East 124th who will be involved in the renting of units at the Tapestry shall, within 30 days after

the date he or she commences an agency or employment relationship with East 124th, be given a

copy of this Consent Decree by East 124th, and East 124th shall require each such new agent or

employee to sign a statement, acknowledging that he or she has received and read this Consent

Decree, and has had an opportunity to have questions about this Consent Decree answered. This

statement shall be substantially similar to the form of Appendix F.

39. In lieu of providing individuals or entities with copies of this Consent Decree as

required by the preceding Paragraphs of Section X, East 124th may instead provide a summary of

this Consent Decree with the United States’ advance written approval of the form and content of

any proposed summary.

40. East 124th shall also ensure that its employees and agents who have supervisory

authority over the design and/or construction of Covered Multifamily Dwellings have a copy of,

are familiar with, and personally have reviewed, the Fair Housing Accessibility Guidelines, 56

Fed. Reg. 9472 (1991), and the United States Department of Housing and Urban Development,

Fair Housing Act Design Manual, A Manual to Assist Builders in Meeting the Accessibility

Requirements of the Fair Housing Act (August 1996, Rev. April 1998). East 124th and its

employees and agents whose duties, in whole or in part, involve the management, sale and/or rental

of multifamily dwellings at issue in this case shall be informed of those portions of the FHA that

relate to accessibility requirements, reasonable accommodations and reasonable modifications.

The educational program provided to employees not engaged in design, construction, or

maintenance, such as sales and rental employees, may focus on the portions of the law that relate

generally to accessibility requirements as opposed to technical design and construction

requirements.

41. Within ninety (90) days of the entry of this Consent Decree, East 124th and all

employees and agents whose duties, in whole or in part, involve or will involve supervision over

the development, design and/or construction of multifamily dwellings of the type at issue in this

case shall undergo training on the design and construction requirements of the FHA. The training

shall be conducted by a qualified third-party individual, not associated with East 124th or its

counsel, and approved by the Department of Justice; and any expenses associated with this training

shall be paid by East 124th. East 124th shall provide to the United States, thirty (30) days before

the training, the name(s), address(es), and telephone number(s) of the trainer(s); and copies of any

training outlines and materials to be distributed by the trainers. East 124th shall provide to the

United States, thirty (30) days after the training, certifications executed by East 124th and covered

employees and agents confirming their attendance, in a form substantially equivalent to Appendix

XI. NOTICE OF NON-DISCRIMINATION POLICY

42. Within thirty (30) days of the date of entry of this Consent Decree, East 124th shall

post and prominently display in the sales or rental offices of all Covered Multifamily Dwellings

owned or operated by the East 124th, a sign no smaller than ten (10) by fourteen (14) inches

indicating that all dwellings are available for rental on a nondiscriminatory basis. A poster that

comports with 24 C.F.R. Part 110 will satisfy this requirement. One hundred and eighty (180) days

after the date of entry of this Consent Decree and Order, East 124th shall submit to the United

States an initial report regarding the signed statements of East 124th’s employees and agents who

have completed the training program specified in Section X of this Consent Decree. Thereafter,

during the term of this Consent Decree, East 124th shall, on the anniversary of the entry of this

Consent Decree, submit to the United States a report containing the signed statements of new

employees and agents that, in accordance with Paragraph 38 of this Consent Decree, they have

received and read this Consent Decree or a summary thereof, and had an opportunity to have

questions about this Consent Decree or such summary answered, except that the last report shall

be due sixty (60) days prior to the anniversary.

43. For the term of this Consent Decree, East 124th shall advise the United States in

writing within thirty (30) days of receipt of any written administrative or judicial fair housing

complaint regarding any property owned, managed, and/or designed or constructed by them, or, to

the extent known, against any employees or agents of East 124th working at or for any such

property, regarding discrimination on the basis of disability in housing. Upon reasonable notice,

East 124th shall also provide the United States all information it may request concerning any such

complaint. East 124th shall also advise counsel for the United States, in writing, within thirty (30)

days of the resolution of any complaint.

44. For the term of this Consent Decree, East 124th is required to preserve all records

related to this Consent Decree for the Tapestry, the Additional Properties and any other Covered

Multifamily Dwellings designed, constructed, owned, or acquired by them during the term of this

Consent Decree. Upon reasonable notice to East 124th, representatives of the United States shall

be permitted to inspect and copy any records of East 124th or inspect any developments or

residential units under East 124th’s control bearing on compliance with this Consent Decree during

business hours, provided, however, that the United States shall endeavor to minimize any

inconvenience to East 124th from such inspections.

XII. LOW-INCOME HOUSING TAX CREDIT PROGRAM COMPLIANCE

45. East 124th is hereby notified that, in the event that it fails to substantially comply

after notice and reasonable opportunity to cure with any of the terms of this Consent Decree and

the United States obtains an order establishing such noncompliance, the United States may take

any appropriate action against East 124th, including but not limited to notifying the appropriate

state housing finance agency of the violation. See 26 U.S.C. § 42(m)(1)(B)(iii).

XIII. TERM OF CONSENT DECREE

46. The term of this Consent Decree shall commence upon entry of this Consent Decree

and, subject to the requirements of Sections III, V, and VIII above, expire two (2) years and six

(6) months following such entry or 30 days from the date that the Inspector certifies that that all

of the necessary modifications for which East 124th has been provided access have been made,

whichever date is later.

47. By executing this Consent Decree, the Parties agree that in the event that East 124th

engages in any future conduct during the term of this Consent Decree that leads to a determination

of a violation of the FHA, such conduct shall constitute a “subsequent violation” pursuant to 42

U.S.C. § 3614(d)(1)(C)(ii).

48. The term of this Consent Decree may be extended by the mutual written agreement

of the Parties.

49. The Parties agree that the only appropriate remedy for either Party’s failure to

perform any non-monetary obligation contained in this Consent Decree is specific performance.

50. The United States and East 124th shall endeavor, in good faith, to resolve any

differences regarding interpretation of and compliance with this Consent Decree prior to bringing

such matters to the Court for resolution.

XIV. TIME FOR PERFORMANCE

51. Any time limits for performance imposed by this Consent Decree may be extended

by the mutual written agreement of the United States and East 124th, the consent to which shall not

be unreasonably denied or withheld.

XV. MISCELLANEOUS

52. The United States and East 124th will bear their own costs and attorney’s fees

associated with this litigation.

53. The United States and East 124th understand and agree that this Consent Decree and

the appendices thereto contain the entire agreement between them, and that any statements,

representations, promises, agreements, or negotiation, oral or otherwise, between the Parties or

their counsel that are not included herein shall be of no force or effect.

54. This Action shall be dismissed upon entry of this Consent Decree, subject to the

right of the Parties to reinstate the Action for noncompliance with the terms hereof.

DATED: January 16, 2025
New York, New York

For the United States:

EDWARD Y. KIM
Acting United States Attorney

By: _________________________

DANIELLE J. MARRYSHOW
AMANDA LEE
Assistant United States Attorneys
86 Chambers Street, 3rd Floor
New York, New York 10007
Tel.: (212) 637-2689/2781
[email protected]
[email protected]

DATED: _______ __, 2025
New York, New York

For East 124th Street LLC

ROSENBERG & ESTIS, P.C.

By: ________________________
CORI A. ROSEN

733 Third Avenue
New York, New York 10017
Tel: (212) 551-8401
[email protected]

DATED: _______ __, 2025
New York, New York

SO ORDERED:

________________________________
UNITED STATES DISTRICT JUDGE

January 17

PUBLIC AND COMMON USE AREAS AT THE TAPESTRY

As soon as reasonably possible, but no later than six (6) months from the entry of this Consent Decree, East 124th shall complete the
retrofits identified in this Appendix A-1

ELEVATORS

ELEMENT CONDITION AGREED UPON RETROFIT
The finished dimensions for elevators with
doors to the side must be at least 68” wide

by 51” deep

Finished Dimensions are 67 ¾” x 50” Interior elevator panels will be adjusted as
much as possible to achieve 68” in width

by 51” in depth.

CELLAR

ELEMENT CONDITION AGREED UPON RETROFIT
The top of the threshold cannot be more

than ½” above the landing on both sides of
the door. If it is taller than 1/4”, it must be

beveled 1:2.

At the door to the Garage near Elevator
Bank A, the top of the threshold is ½”
above the floor and is not beveled 1:2.

1:2 bevels will be added to this threshold

The pull side of the door requires a
forward approach. Therefore, the

maneuvering space must be 60” deep and
must extend 18” to the side of the latch of

the door.

At the door to the Garage near Elevator
Bank A, the maneuvering space extends
only 12 ½” beside the latch side of the

door.

Automatic door opener will be installed.

The pull side of the door requires a
forward approach. Therefore, the

maneuvering space must be 60” deep and
must extend 18” to the side of the latch of

the door.

At the corridor door between the Elevator
Bank A and the Laundry Room, the

maneuvering space extends only 8 3/4”
beside the latch side of the door.

Automatic door opener will be installed.

Where the underside of an object is more
than 27” and less than 80” above the floor,

the object may not protrude into the
circulation path by more than 4”.

In the corridor, between the Elevator Bank
A and the laundry room, a sensor is

suspended from the ceiling. The bottom
edge is 77” above the circulation path.

Sensor will be raised

Where the underside of an object is more In the corridor, between the 2 laundry If Raising Sign cannot be achieved, install

APPENDIX A-1

CELLAR

than 27” and less than 80” above the floor,
the object may not protrude into the

circulation path by more than 4”.

rooms, an exit sign is suspended from the
ceiling. The bottom edge is 71 ¾” above

the circulation path.

flexible Exit Sign, subject to review and
approval of John Torkelson

COMMON LAUNDRY ROOMS

ELEMENT CONDITION AGREED UPON RETROFIT
Upper Laundry Room: There are common
use tables. Knee space underneath must be

at least 27” high for a width of at least
30”.

The knee space under the table used for
folding clothes is only 26 ½” high.

Legs will be adjusted so that 27”
minimum knee space is achieved

Lower Laundry Room: The pull side of
the door requires a forward approach.

Therefore, the maneuvering space must be
60” deep and must extend 18” to the side

of the latch of the door.

The maneuvering space extends only 14
½” beside the latch side of the door.

Non-fixed table will be relocated so that
18” minimum pull-side clearance

indicated can be achieved

Lower Laundry Room: Operable parts
must be within reach. A side reach is

required. There is no obstruction.
Therefore, it must be between 9” and 54”

above the floor.

The credit card reader on the vending
machine is 57” above the floor.

Credit card reader will be lowered,
replaced

Lower Laundry Room: An accessible
route must connect the entrance to all the
accessible rooms, spaces, and elements in

the facility.

The accessible route to the fire
extinguisher is blocked by carts and trash

cans.

Fire Extinguisher will be relocated so it
will no longer be obstructed

BICYCLE STORAGE ROOM

ELEMENT CONDITION AGREED UPON RETROFIT
Maneuvering space at the door cannot
have a slope in either direction of more

than 2% in either direction.

Inside the Bicycle Storage Room, the
maneuvering space has a running slope of

4.4%.

This area will be flash-patched so that
slope will not exceed 2% OR Automatic
Door will be installed permitting the 5%

maximum slope indicated

APPENDIX A-1

1ST FLOOR

ELEMENT CONDITION AGREED UPON RETROFIT
The pull side of the door requires a
forward approach. Therefore, the

maneuvering space must be 60” deep and
must extend 18” to the side of the latch of

the door.

At the door to the Garage, the
maneuvering space is only 54 ½” deep
and extends only 6 ½” beside the latch

side of the door. Additionally,
miscellaneous storage blocks the

maneuvering space.

There is an Alternate Accessible Route
that can also serve this space from Cellar,

Directional Signage will be installed
indicating this Alternate Route

MAIL AREA

ELEMENT CONDITION AGREED UPON RETROFIT
For residential mailboxes serving units

that have mobility features, the operable
parts may not be mounted any higher than
54”. The USPS does not permit mailboxes
to have operable parts below 28” and the

floor of parcel boxes to be below 15”.

The top 4 rows are 56 ¾” to 66 ½” above
the floor, which is about 50% of the

mailboxes are out of reach.

Accessible mailboxes will be reserved for
residents requiring access to the same

Accessible route may narrow to 32” for a
distance of no more than 24”.

The accessible route narrows to less than
36” wide for a round 3 sides of the table.

Non-fixed table will be removed

Operable parts must be within reach. A
side reach without an obstruction is

possible. Therefore, the operable part must
be within 54” of the floor.

The rent drop is 66 3/4” above the floor. Additional, alternate Rent Drop will be
provided within Accessible Reach Ranges

MANAGEMENT OFFICE

ELEMENT CONDITION AGREED UPON RETROFIT
Interior and exterior signs identifying
permanent rooms and spaces must use

uppercase characters.

The Management Office sign has lower
case characters.

Signage will be replaced

The pull side of the door requires a
forward approach. Therefore, the

maneuvering space must be 60” deep and

The maneuvering space extends only 10
¾” beside the latch side of the door.

Non-fixed table will be removed to
provide compliant maneuvering clearance

APPENDIX A-1

MANAGEMENT OFFICE

must extend 18” to the side of the latch of
the door.

3RD FLOOR

ELEMENT CONDITION AGREED UPON RETROFIT
The top of the threshold cannot be more

than ½” above the landing on both sides of
the door. If it is taller than ¼”, it must be

beveled 1:2.

At the door between the lounge and the
terrace, the top of the threshold is 1”

above the floor and the 1 ¾” above the
terrace. It is not beveled.

Replace with compliant threshold.

TOILET ROOM NEAR FITNESS CENTER

ELEMENT CONDITION AGREED UPON RETROFIT
The Toilet Room sign must have raised
characters that are in upper case and are

5/8” to 2” tall. The message must be
repeated in braille. The sign must have a
matte finish. The characters must contrast
with the background. The baseline of the
raised letters and braille must be between

48” and 60”.

The toilet room sign uses upper- and
lower-case letters.

Signage will be replaced

Operable parts over an obstruction must
be within reach. Operable parts cannot be
beyond the front edge of the clear floor
space. The obstruction must be no more
than 34” tall and no more than 25” deep.

Therefore, the operable part must be
within 44” of the floor. If the obstruction
is less than 20” deep, the operable part

must be within 48” of the floor.

The electrical receptacle is 49 ¼” above
the floor.

Outlet will be “covered” by a locked box
and designated “employees only”

APPENDIX A-1

TOILET ROOM NEAR FITNESS CENTER

Therefore, the operable part must be
within 44” of the floor. If the obstruction
is less than 20” deep, the operable part

must be within 48” of the floor.

The soap dispenser is 47 ½” AFF. Soap dispenser will be relocated

The sidewall grab bar at the toilet must be
at least 42” long, must be within 12” of

the rear wall, and must extend at least 54”
from the rear wall.

The front end of the grab bar is only 48
½” from the rear wall.

Grab bar will be relocated

The rear grab bar must be at least 36”
long. It must extend at least 12” in each

direction from the toilet centerline.

The rear grab bar is only 24” long and
extends only 30 ½” to the open side of the

toilet.

36” long rear grab bar will be installed

Centerline of toilet must be 16” to 18”
from sidewall.

The toilet centerline is 18 ¾” from the
side toilet sidewall.

Off-set flange will be installed so that
centerline will be 18” from parallel (side)

wall
The toilet flush control must be on the

open side of the toilet.
The toilet flush control is on the wall side. Water closet will be replaced so that flush-

valve will be on “open” side of water
closet.

FITNESS CENTER

ELEMENT CONDITION AGREED UPON RETROFIT
The top of the threshold cannot be more

than ½” above the landing on both sides of
the door. If it is taller than ¼”, it must be

beveled 1:2.

At door between the fitness center and the
terrace, the top of the threshold is 1”
above the floor and is not beveled.

Threshold will be replaced

The accessible route must be at least 36”
wide. Accessible route may narrow to 32”

for a distance of no more than 24”.

Parts of the accessible route to each type
of fitness equipment narrow to less than

36” wide for a distance of more than 24”.

Fitness Equipment can be easily relocated
to provide the Accessible Route indicated.

APPENDIX A-1

FITNESS CENTER

At least one of each type of storage must
be within reach. A side reach is possible.
Where the reach is unobstructed, it must
be between 9” and 54” above the floor.

Where the reach is obstructed by an object
that is more than 10” deep and no more
than 34” tall, it must be no higher than

46”.

Objects on the floor are an obstruction.
The mat hooks are 68 ½” above the floor.

One (1) Mat Hook will be lowered to be
within Accessible Reach Ranges

TRASH ROOM, 1ST FLOOR

ELEMENT CONDITION AGREED UPON RETROFIT
The pull side of the door requires a
forward approach. Therefore, the

maneuvering space must be 60” deep and
must extend 18” to the side of the latch of

the door.

The maneuvering space is only 58 ¾”
deep and extends only 15 ¼” beside the
latch side of the door. Additionally, the

recycling container and a chair block the
maneuvering space.

Accessible Trash Chute door will be
installed on corridor side

TRASH ROOM, 10TH FLOOR

ELEMENT CONDITION AGREED UPON RETROFIT
A forward approach to the pull side of the
door is required. The maneuvering space
must extend 18” to the latch side of the
door. The 2010 ADA Standards permit

this dimension to be taken 8” beyond the
face of the door.

Inside the trash room, the wall and
electrical conduit project about 13” from
the face of the door. The maneuvering

space extends only 1 ¼” to the latch side
of the door.

Accessible Trash Chute door will be
installed on corridor side

Where the underside of an object is more
than 27” and less than 80” above the floor,

the object may not protrude into the
circulation path by more than 4”.

The underside of the electrical box is 72
½” above the floor and protrudes 8” into

the circulation path.

Accessible Trash Chute door will be
installed on corridor side

The control for the trash chute intake door
must be openable with no more than 5-

pounds force.

In all the trash rooms, the control on the
trash chute intake door requires 10 pounds

force to open.

Accessible Trash Chute door will be
installed on corridor side

APPENDIX A-1

TRASH ROOM, 11TH FLOOR

ELEMENT CONDITION AGREED UPON RETROFIT
The pull side of the door requires a
forward approach. Therefore, the

maneuvering space must be 60” deep and
must extend 18” to the side of the latch of

the door.

The maneuvering space is only 54 ½” deep
and extends only 6 ¾” beside the latch side

of the door.

Accessible Trash Chute door will be
installed on corridor side

Where the underside of an object is more
than 27” and less than 80” above the floor,

the object may not protrude into the
circulation path by more than 4”.

The underside of the electrical box is 58
3/4” above the floor and protrudes 8 1/4”

into the circulation path.

Accessible Trash Chute door will be
installed on corridor side

The control for the trash chute intake door
must be openable with no more than 5-

pounds force.

In all the trash rooms, the control on the
trash chute intake door requires about 10

pounds force to open.

Accessible Trash Chute door will be
installed on corridor side

APPENDIX A-2

UNIT RETROFITS AT THE TAPESTRY
As soon as reasonably possible. but no later than 2 years from the entry of this Order, East 124th shall finish the retrofits listed in this

Appendix A-2.
CLEARING OPEN WIDTH OF DOORS

FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 3, SEC. (2)

UNIT(S) CONDITION AGREED UPON RETROFIT
Several unit(s) Clear opening width is less than 31 5/8” in

various areas.
Will survey units for condition and in

those units, will increase clear width to 31
5/8” min., with the use of a swing-clear
offset door hinge or otherwise, upon the
request of a tenant or prospective tenant.

INTERIOR DOOR THRESHOLDS
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 4, SEC. (4)

UNIT(S) CONDITION AGREED UPON RETROFIT
Several units Inside certain dwelling units, the threshold

was taller than ½”. Where the top of the
threshold is more than ¼” above the

landing, the transition must be beveled at
least 1:2.

Will survey units for condition and in
those units, make flush, or provide 1/4”
high max. threshold, if not beveled, or

provide ½” high max. threshold, beveled
at ratio of 1:2 max. Alternatively, Shulter

Strip will be added on the interior and
exterior side of existing thresholds to

reduce threshold height to ½” maximum
or less, if possible. Retrofit to be

performed on the earlier of tenant request,
vacancy, or within the term of the Consent

Decree.

APPENDIX A-2

GRAB BAR REINFORCEMENT
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 6

UNIT(S) CONDITION AGREED UPON RETROFIT
All unit(s) Unclear if reinforcement installed in

bathroom walls to allow later installation
of grab bars around the toilet, tub, shower,

and shower seat.

Within three (3) months of the effective
date of this Consent Decree, East 124th

will provide documentary evidence
proving existing reinforcement in all

required areas of a sample unit.

LAVATORY PIPES
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 7(2)(a)(ii) or 7(2)(b)(v) and 4.19.2.1

UNIT(S) CONDITION AGREED UPON RETROFIT
All unit(s). Pipes under lavatory with removable base

cabinets are not insulated.
Will cover pipes beneath removable base

cabinets. Retrofit will be made upon
vacancy or request of tenant or

prospective tenant, pursuant to the
Accessible Modification Rider.

KITCHEN AND BATHROOM OUTLETS
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 5

UNIT(S) CONDITION AGREED UPON RETROFIT
Several units Centerline of top outlet of receptacles

above kitchen counters must be 46” max
AFF.

Centerline of top outlet of receptacles
above lavatory cabinets (34” max AFF),
with max 20” depth, must be 48” max
AFF. When above a lavatory counter

deeper than 20” but max 25” depth, must
be 44” max AFF. In both instances, clear

floor space must extend to the wall.

Will survey units for condition and in
those units, move outlets, install new

outlets, or provide wall-mounted power
strips such that are in acceptable reach

ranges described in the preceding
column. Retrofit will be made upon

vacancy or request of tenant or
prospective tenant, pursuant to the

Accessible Modification Rider.

APPENDIX A-2

BATHROOM TOILETS
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 7, SEC. (2)(a)(ii) or 7(2)(b)(iv)

UNIT(S) CONDITION AGREED UPON RETROFIT
Several units Toilet centerline is less than 15” from the

side of the lavatory counter, less than 18”
from the adjacent sidewall or bathtub

and/or there is less than 33” between the
sidewall and the side of the lavatory.

Will survey units for condition and in
those units, will install offset flange to
move toilet as close to between 16” and

18” away from side wall as the flange will
permit, and, if necessary, trim edge of

countertop to provide a total clearance of
33”. Retrofit will be made upon vacancy

or on request of tenant or prospective
tenant, pursuant to the Accessible

Modification Rider.

BATHROOM CLEAR FLOOR SPACE
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 7, SEC. (2)(a)(i)

UNIT(S) CONDITION AGREED UPON REQUEST
Several units Clear floor space beyond the door swing is

less than 30” wide by 48” long.

Will reverse bathroom door swing at the
request of a tenant or prospective tenant;

provided that this retrofit shall be
completed no later than ten (10) days

after receiving such a request, pursuant to
the Accessible Modification Rider.

KITCHEN CLEARANCE
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 7, SEC. (1)(b)

UNIT(S) CONDITION AGREED UPON RETROFIT
Several units Less than 40” min. width at the refrigerator Will install low-profile refrigerators to

provide 40” min. width at the refrigerators.
Retrofit will be made upon the request of a

tenant or prospective tenant, pursuant to
the Accessible Modification Rider.

APPENDIX A-2

KITCHEN SINKS AND RANGES
FAIR HOUSING ACCESSIBILITY GUIDELINES REQUIREMENT 7, SEC. (1)(a)

UNIT(S) CONDITION AGREED UPON RETROFIT
A-line, B-line, C-line, D-line, E-line, F-
line, H-line, L-line, M-line, N-line, P-
line, Q-line, R-line, T-line, H-line, L-

line, F-line, E-line, T-line, N-line, P-line,
and R-line.

30” by 48” clear floor space that is
parallel to the range is off center by

approximately 8”.

As provided in the Accessible
Modification Rider, will swap range and
adjacent cabinet to increase centerline at

the request of a tenant or prospective
tenant; provided that this retrofit shall be

completed no later than ten (10) days
after receiving such a request.

B-line, D-line, E-line, G-line, and S-line Parallel clear floor space at kitchen sink
of 30” x 48”, is off center by 11 ½”

Unclear if cabinet below kitchen sink is
removable obviating the need for parallel

clear floor space.

Within three (3) months of the effective
date of this Consent Decree, East 124th
will provide documentary evidence of

removable base cabinet.

APPENDIX B

NOTICE OF RETROFITS TO PUBLIC AND COMMON USE AREAS
OF THE TAPESTRY

To Our Residents and Prospective Residents:

Federal law requires that the public and common use areas at the Tapestry. contain
accessibility features for persons with disabilities. Within the next six (6) months, we will be
undertaking a program of retrofits to the public and common use areas to make them more
accessible to persons with disabilities. A list of mandatory retrofits we will be undertaking is
available at the leasing office. We do not anticipate that current residents will have to be relocated
during the term of their tenancy or that prospective residents will have their move-in dates delayed
because of the retrofits we will be undertaking.

Should you have questions regarding this letter, please contact the leasing office at the
Tapestry or the United States Attorney’s Office, Southern District of New York, at (212) 637-
0840.

Sincerely,

The Tapestry

APPENDIX C

NOTICE TO RESIDENTS OR PROSPECTIVE RESIDENTS
OF RETROFITS FOR THE TAPESTRY,

WHICH MUST BE SCHEDULED WITHIN THE NEXT TWO (2) YEARS

The Tapestry is dedicated to the principle of equal housing opportunity. The Federal Fair
Housing Act requires that apartments in newer apartment communities have certain features of
physical accessibility for people with disabilities.

This is to advise you that, as a result of a settlement in a case brought by the United States
against the developers and designers of this apartment complex, we have agreed to modify, by
varying degrees, the apartments at the Tapestry to provide greater accessibility for people with
disabilities. Your unit or prospective unit is one of those that does not meet the accessibility
requirements of the Fair Housing Act. We want you to know that you may request to have your
apartment, or prospective apartment, modified now at no cost to you. The actual work will take no
more than five days and, should you have to move out temporarily, we will pay reasonable
relocation and housing expenses while the modifications are being made.

Depending on the particular features in your unit, the modifications may include:

• Modification of door entries and thresholds to ensure accessibility to persons in
wheelchairs;

• Modification of bathrooms to ensure accessibility to persons in wheelchairs;

• Modification of kitchen appliances to ensure usability by persons with disabilities; or

• Lowering of electrical outlets.

While you do not have to request the modifications now, you should be aware that some of
this work must be completed within the next two years, regardless of your intention to stay in the
apartment for a longer time. A representative will be contacting you soon to review these
modifications and to discuss a time frame within which these modifications may he made.

If you have any questions, please contact us at the management office.

APPENDIX D

ACCESSIBILITY MODIFICATION RIDER

ADDITIONAL CLAUSES ATTACHED AND FORMING A PART OF THE LEASE
DATED BETWEEN (LANDLORD) AND _______ (TENANT) REGARDING
APARTMENT IN THE PREMISES LOCATED AT 245 EAST 124TH STREET, NEW
YORK, NEW YORK, (THE “BUILDING”). IN THE EVENT OF ANY INCONSISTENCY
BETWEEN THE PROVISIONS OF THIS RIDER AND THE PROVISIONS OF THE
LEASE TO WHICH THIS RIDER IS ANNEXED, THE PROVISIONS OF THIS RIDER
SHALL GOVERN AND BE BINDING. THE PROVISIONS OF THIS RIDER SHALL BE
CONSTRUED TO BE IN ADDITION TO AND NOT IN LIMITATION OF THE RIGHTS
AND OBLIGATIONS OF THE LANDLORD AND THE TENANT.

1. TENANT acknowledges that he/she has been advised that TENANT may request that
LANDLORD install in the apartment which is the subject of this lease any or all of the
“accessibility modifications” set forth below.

2. LANDLORD acknowledges and agrees that within ten (10) days of receiving a written
request for installation of any or all of the items set forth below from the TENANT, made
at any time during the term of the LEASE, LANDLORD shall endeavor, in good faith, to
install the requested items in the Apartment without charge to the tenant and without any
increase in the legal rent. Notwithstanding anything to the contrary contained herein,
LANDLORD shall not be liable for any delays or failures in performance resulting from
acts beyond its reasonable control.

3. LANDLORD and TENANT agree that in the event any item is installed at TENANT’S
request, the item(s) shall thereafter remain the property of the LANDLORD and must be
properly maintained and returned to the LANDLORD at the end of the lease in the same
condition as originally provided, except for normal wear and tear.

LIST OF ACCESSIBILITY MODIFICATIONS:

1. Clear Width of Doors. For any doors with a clear width opening of less than thirty-two
inches in width, Landlord will install swing-away hinges to provide additional two inches
(2”) of clearance.

2. Outlet Location. Landlord will provide wall mounted power strips for outlets that are
located:

a. Less than fifteen inches (15”) or more than forty-eight inches (48”) above the
finished floor, if obstructed and intended for a forward approach;

b. Less than fifteen inches (15”) or more than forty-six inches (46”) above the finished
floor, if obstructed and intended for a sideways approach;

3. Bathroom Grab Bars. Landlord will install grab bars. For bathrooms with a rear banjo
above the toilet, Landlord will remove banjo countertops and replace with countertops that
do not obstruct the grab bar location.

4. Clear Floor Space at Appliances. In kitchens where there is less than forty inches (40”)
minimum of clear floor space between opposing base cabinets, countertops, appliances
and/or walls, Landlord will provide forty inch (40”) minimum width by replacing the
existing refrigerator with low-profile refrigerator.

5. Range and Kitchen Sink Centerline. Where the kitchen sink and/or range are located less
than twenty-four inches (24”) from an adjacent, non-removable base cabinet or wall,

APPENDIX D

Landlord will either swap the range and the adjacent cabinet to increase centerline, or will
remove base cabinetry underneath the sink to increase accessibility.

6. Bathroom Clear Floor Space. Where less than thirty inches (30”) by forty-eight inches
(48”) of clear floor space is provided beyond the swing of a bathroom doorway, Landlord
will reverse the swing of the door to swing outward.

7. Bathroom Lavatory Base Cabinets. Landlord will create a twenty-four inch (24”)
minimum centerline from the adjacent bathtub by removing base cabinets in all bathrooms,
covering the pipes, and finishing the floor and wall below the sink, if necessary.

8. Toilet Centerline. Where the centerline of a toilet is less than sixteen inches (16”) from an
adjacent side wall, Landlord will install an offset flange to move the toilet as close to sixteen
inches (16”) from the sidewall as the flange will permit. Where the toilet centerline is
greater than eighteen inches (18”) from the adjacent side wall, Landlord will install ledger
strips to reduce the centerline to eighteen inches (18”).

LANDLORD

TENANT

By:

Dated: ____________________

By:

Dated: ____________________

APPENDIX E

NOTICE TO PERSONS WHO MAY HAVE SUFFERED FROM INADEQUATE
ACCESSIBLE FEATURES AT THE TAPESTRY

On ______ , 2025, the United States District Court for the Southern District of New
York entered a consent decree resolving a lawsuit brought by the United States Department
of Justice against East 124th Street, LLC alleging a failure to include certain accessible
features for persons with disabilities required by the Fair Housing Act, 42 U.S.C. §
3604(1)(3)(c), in the design and construction of the Tapestry.

Under this consent decree, a person may be entitled to receive monetary relief if
they:

• WERE DISCOURAGED FROM LIVING AT THIS PROPERTY
BECAUSE OF THE LACK OF ACCESSIBLE FEATURES;

• HAVE BEEN HURT IN ANY WAY BY THE LACK OF
ACCESSIBLE FEATURES AT THIS PROPERTY;

• PAID TO HAVE AN APARTMENT AT THIS PROPERTY MADE
MORE ACCESSIBLE TO PERSONS WITH DISABILITIES; OR

• WERE OTHERWISE DISCRIMINATED AGAINST ON THE
BASIS OF DISABILITY AT THIS PROPERTY.

If you wish to make a claim for discrimination on the basis of disability, or if you
have any information about persons who may have such a claim, please contact the United
States Attorney’s Office, Southern District of New York at 212-637-2800. You may also
fax us at 212-637-2702 or write to:

United States Attorney’s Office., Southern District of NM: York
Attn: Civil Rights Unit

86 Chambers Street
New York, New York 10007

NOTE: You must call or write no later than ,

APPENDIX F

RELEASE FORM

In consideration of the payment of the sum of dollars ($________), pursuant to the

Consent Decree entered in UNITED STATES OF AMERICA v EAST 124TH STREET LLC, ___ cv
____ (S.D.N.Y.), I hereby release East 124th Street, LLC from any and all liability for any claims,
legal or equitable, I may have against them arising out of the issues alleged in the above-styled
action.

I fully acknowledge and agree that this release of the East 124th Street, LLC shall be binding
on my heirs, representatives, executors, successors, administrators, and assigns.

I hereby acknowledge that 1 have read and understand this release and have executed it
voluntarily and with full knowledge of its legal consequences.

(Signature)

(Print Name)

(Date)

APPENDIX G

ACKNOWLEDGMENT OF RECEIPT OF CONSENT ORDER

I, _________________, am an employee of _________________, and my duties include

_________________. I have received and read a copy of the Consent Decree in UNITED STATES

OF AMERICA v EAST 124TH STREET LLC, ___ cv ____ (S.D.N.Y.), and have been given

instruction on (1) the terms of this Consent Decree, (2) the requirements of the Fair Housing Act,

particularly related to the Act’s design and construction requirements, and (3) my responsibilities

and obligations under the Consent Decree and the Fair Housing Act. I have had all of my questions

concerning the Consent Decree answered to my satisfaction.

(Signature)

(Print Name)

(Date)

APPENDIX H

CERTIFICATION OF FAIR HOUSING TRAINING

On _________________, I attended training on the federal Fair Housing Act, including its

requirements concerning physical accessibility for persons with disabilities. I was also instructed

as to the rental policies and procedures, including the nondiscrimination, complaint, and reasonable

accommodation policies of the Fair Housing Act. I have had all or my question concerning the Fair

Housing Act answered to my satisfaction.

(Signature)

(Print Name)

(Date)

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