Class Action Alleging NYCHA’s Failure to Abate Mold and Excessive Moisture Problems—NYCHA’s Defense Was Based on a “Cramped and Superficial Interpretation of the Plain Language of the Consent Decree”—Court Decree and Orders Appointment of Special Master—NYCHA Officials Appeared to Be “Indifferent” and “Management Had Not Bothered to Attend a Hearing on Plaintiffs’ Motion, the Outcome of Which May Have Broad Implications for the Agency”—Tenants Asthma and Respiratory Problems Appear to Be Exacerbated by the Mold and Excessive Moisture—Court Orders Senior Policy Making NYCHA Official to Attend Any Proceedings Before the Court
In December 2013, New York City Housing Authority (NYCHA) tenants “filed a class action complaint seeking injunctive relief against NYCHA asserting claims under the Americans with Disabilities Act,…, for failure to abate mold and excessive moisture in their apartments.” NYCHA entered into an April 17, 2014 stipulation and order of settlement (consent decree). In February 2014, the court had certified “a settlement class of ‘[c]urrent and future residents of NYCHA who have asthma that substantially limits a major life activity and who have mold and/or excessive moisture in their NYCHA housing.’” The court thereafter conducted a settlement fairness hearing and approved the consent decree.
