Emery Celli Brinckerhoff Abady Ward & Maazel LLP

On Thursday, August 29, ECBAWM and co-counsel Democracy Forward sued Texas Comptroller Glenn Hegar and Attorney General Ken Paxton to challenge a state law that restricts state investments with certain financial firms because of their energy policies. As part of the law, called SB-13, the Texas Comptroller publishes a list of companies and investment funds he considers to be boycotting the oil and gas industries. The lawsuit argues that SB-13 is unconstitutional and seeks to punish businesses for using sustainable business practices. ECBAWM and Democracy Forward filed a lawsuit on behalf of the American Sustainable Business Council, a non-profit that represents thousands of businesses and advocates for environmentally-conscious policies. ASBC’s members have been harmed by the law, unable to compete for business with Texas entities and denied of any avenue for challenging their exclusion from this market. ASBC is represented by ECBAWM attorneys Matt Brinckerhoff, Vasudha Talla and Sana Mayat, as well as attorneys from Democracy Forward.

After investigating a complaint filed by ECBAWM attorneys for nonprofit client Westchester Residential Opportunities (WRO), the New York State Division of Human Rights has filed a lawsuit in Bronx County Supreme Court on behalf of WRO alleging that one of the largest upstate New York landlords has violated the state’s protections against source of income discrimination. The lawsuit alleges that Albany-based Dawn Homes Management Co., operator of 30 apartment complexes in upstate New York, has applied a minimum income requirement to applicants that excludes virtually all renters with vouchers that help pay a portion of their rent directly to the landlord. Westchester Residential Opportunities are represented by ECBAWM partner Diane Houk and associate Sara Luz Estela.

On Thursday, August 8, 2022, it was announced that lawyers at Emery Celli Brinckerhoff Abady Ward & Maazel had reached a settlement agreement on behalf of their client, the Fair Housing Justice Center, alleging that Parkchester Preservation Management enforced an income requirement for rental applicants that excluded renters with housing subsidies, including Section 8 vouchers. The complaint, originally filed in 2016, was based on year-long testing investigation by the FHJC and revealed that Parkchester’s practice violated the City’s Human Rights Law, which requires housing providers to accept rental vouchers as a lawful source of income. As part of the settlement, Parkchester agreed to eliminate its minimum income requirement and ensure that at least 850 apartments will be rented to applicants with rent subsidies. They also agreed to not apply credit score, employment, or housing history requirements to any applicant using rental assistance, change its public messaging to include the no-minimum-income requirement policy, modify application forms to comply with fair housing laws, and provide fair housing training for Parkchester staff. Respondents also agreed to pay more than $2.2 million in a civil penalty, damages, and attorneys’ fees. FHJC was represented by ECBAWM partner Diane Houk, and associates Vivake Prasad and Eric Abrams.

On August 12, 2024, the New York Times published an article covering the current status of ECBAWM client, Brian Scott Lorenz, who currently remains incarcerated despite having his conviction overturned last August. Mr. Lorenz and his co-defendant were found guilty of killing a young mother in 1994 in a Buffalo suburb. However, in 2018 DNA tests revealed neither man’s DNA at the scene of the crime and a hearing revealed that prosecutors failed to turn over critical evidence to the defense. Even after a trial court threw out the conviction, Mr. Lorenz remains incarcerated as the State appeals. In a quote to the New York Times, ECBAWM partner Ilann Maazel stated, “We have a man languishing in prison for over 30 years without receiving a fair trial and can’t even get his day in court. This is not the quality of justice we should expect in New York State in 2024.” Mr. Lorenz is represented by Ilann Maazel and Emily Wanger. Read the full coverage on the NYT here.

We are pleased to announce that 13 ECBAWM partners, Jonathan Abady, Matt Brinckerhoff, Andrew Celli, Richard Emery, Debbie Greenberger, Diane Houk, Julia Kuan, Ilann Maazel, Katie Rosenfeld, Zoe Salzman, Sam Shapiro, Earl Ward and Andrew Wilson, have been listed on the 2024 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers list. These lawyers were selected through Lawdragon’s “process combining independent journalistic research with a wealth of submissions.” We are proud of our team and the recognition of their ongoing work to advocate for our clients. See the full list of lawyers here.

NEW YORK, – In January and July of this year, ECBAWM attorneys Katie Rosenfeld and Dan Eisenberg were appointed to serve on Independent Screening Panels convened by the New York County Democratic Committee to review candidates seeking election to the New York County Civil Court and New York State Supreme Court, respectively. Katie and Dan were nominated for these panels by The City Club of New York, one of the City’s oldest civic advocacy organizations.

On Thursday, July 25 2024, ECBAWM filed a lawsuit on behalf of the City Club of New York in New York County Supreme Court, arguing that it is unlawful for Governor Hochul to unilaterally halt the implementation of New York’s congestion pricing program, as enacted in the 2019 Traffic Mobility Act, passed by both houses of the State Legislature and signed into law by the then-governor. The congestion pricing program was set to begin on June 30, 2024. Beyond reducing traffic congestion and protecting the environment in significantly curbing emissions, congestion pricing was expected to add at least $15 billion to the MTA’s capital budget over the next three years, in addition to helping secure significant federal funding, all of which was earmarked for countless transit improvement projects, including expanding subway lines, improving accessibility with new elevator installations in subway stations, and upgrading outdated signal technology that causes severe subway delays. After years of planning and approvals from multiple layers of government, Governor Hochul unilaterally and without justification announced an “indefinite pause” to New York City’s congestion pricing plan just 3 weeks before it was meant to be implemented. In a quote to a press release from NYC Comptroller Brad Lander’s website, ECBAWM partner Andrew Celli said “Governor Hochul’s actions blocking congestion pricing are plainly unlawful and an egregious example of executive overreach. This lawsuit upholds the law as written and seeks to ensure that all public officials act within the scope of their authority. No one, not even a governor, is above the law.” ECBAWM’s lawsuit is one of a few seeking to challenge Governor Hochul’s authority to pause the project. “The governor bucking the command of the Legislature does not serve New Yorkers who need better air, subways and traffic. This case will reorder the proper power sharing between the separate branches of state government,” said ECBAWM partner Richard Emery. ECBAWM partners Richard Emery and Andrew Celli and associates Nick Bourland, Eric Abrams, and Hafsa S. Mansoor, Esq. are pursuing the lawsuit.

On July 24, 2024, Julia Kuan, partner at Emery Celli Brinckerhoff Abady & Maazel LLP, was named to the Merit Selection Panel in the U.S. District Court, Eastern District of New York. The panel, with members appointed by the Board of Judges for EDNY, will be responsible for reviewing the applications of candidates for 3 U.S. Magistrate Judge vacancies in Brooklyn, NY, each for an 8-year term. The panel will take into account the demanding and wide-ranging duties of the position and ultimately recommend to the judges of the district court the people whom it considers best qualified for each vacancy. Read the Public Notice and Press Release here. https://lnkd.in/g6Z2i8gS

On July 20, 2024, Julia Kuan, a partner at Emery Celli Brinckerhoff Abady Ward & Maazel, spoke to CNN about the tragic death of Nyah Mway, a 13-year-old boy, who was killed by Utica police. Ms. Kuan, who along with partner Earl Ward and associate Hafsa S. Mansoor, Esq. are representing Nyah’s family, discussed how Utica police officer Brian Husnay had no legitimate reason to shoot Nyah in the chest when he was already pinned on the ground by another officer. CNN also spoke to an organizer from the Karen/Burmese refugee community – who, like Nyah and his family, escaped persecution in Myanmar – who are demanding accountability, transparency and reform from the Utica Police Department. Ms. Kuan’s practice areas have included criminal defense representation, as well as the landmark $143 million settlement for people who experienced delayed release on bail.

On July 14, 2024, Diane Houk, partner at Emery Celli Brinckerhoff Abady Ward & Maazel was a co-host of the Annual Case Updates at the National Fair Housing Alliance (NFHA) Conference. The NFHA’s mission is to “eliminate housing discrimination and ensure equitable housing opportunities for all people and communities through its education and outreach, member services, public policy, advocacy, housing and community development, tech equity, enforcement, and consulting and compliance programs.” At the Firm, Ms. Houk has successfully litigated many cases challenging housing discrimination, including lawsuits against major developers, defenses of New York City Human Rights Law, and interventions aimed at protecting renters with housing vouchers. Read more about the National Fair Housing Alliance here. https://lnkd.in/gx-ezGN