Plaintiff
- Name: Moshe Madess
- Filing date: June 19, 2019
- State of filing: New York
Defendant
- Name: CITYREALTY.COM, LLC
- Website: www.CityRealty.com
- Industry: Real Estate
- Summary: Its Website serves as a platform to help thousands of apartment buyers, renters and sellers successfully navigate the often complex New York market. by facilitating, brokering, or otherwise engaging in real estate transactions.
Case Summary
On June 19, 2019, Moshe Madess filed a Complaint in New York State court against CITYREALTY.COM, LLC. Plaintiff Moshe Madess alleges that www.CityRealty.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alternative text (“alt-text”), or a text equivalent.
- Empty links that contain no text.
- Redundant links where adjacent links go to the same URL address
- Linked images missing alt text
- The inability to independently navigate the Website without the use of a mouse.
- Plethora of other access barriers present on the Website
- For most listings on the Website, the most descriptive, informative, and meaningful aspects of such listings are the images of the specific property being advertised. Without these images, consumers generally cannot identify critical information and details about the listed properties.
- Overall layout and design of the Website is itself an access barrier
- When navigating through the top ribbon menu, the use of the TAB key goes directly from the home-page link to the “sell” link, entirely skipping over the links to “buy” and “rent”, which means that a user who uses screen reading software and keyboard navigation would not even know those links exist.
- When navigating through a listing, the menu on the right-hand side of the page is inaccessible without the use of the mouse
- The lack of keyboard functionality prohibits users from selecting the “sign up” and “contact” options present at the top-right side of each page
Plaintiff asserts the following cause(s) of action in its Complaint:
- N.Y.C. Administrative Code § 8-107(4)(a)
- N.Y.C. Admin. Code § 8-102(9)
- N.Y.C. Admin. Code § 8-102(1)
- N.Y.C. Administrative Code § 8-107(4)(a)
- N.Y.C. Admin. Code § 8-107(15)(a)
- N.Y.C. Administrative Code § 8-120(8)
- N.Y.C. Administrative Code § 8-126(a)
- N.Y.C. Administrative Code § 8-502
- N.Y. Exec. Law § 296(2)(a)
- N.Y. Exec. Law § 292(9).
- N.Y. Exec. Law § 292(1)
- N.Y. Exec. Law § 296(2)(a)
- N.Y. Exec. Law § 296(2)(c)(i)
- N.Y. Exec. Law § 296(2)(c)(ii)
- N.Y. Exec. Law § 296(2)
- N.Y. Exec. Law § 297(4)(c)
- 42 U.S.C. § 12101
- 42 U.S.C. § 12182(a)
- 42 U.S.C. § 12181(7)
- 42 U.S.C. § 12182(b)(1)(A)(i)
- 42 U.S.C. § 12182(b)(1)(A)(ii)
- 42 U.S.C. § 12182(b)(2)(A)(ii)-(iii)
- 42 U.S.C. §§ 12102(1)(A)- (2)(A).
- 42 U.S.C. § 12188
- N.Y.C. Admin. Code § 8-107(5)(a)(1)(a)-(b)
- N.Y.C. Admin. Code § 8-107(5)(a)(2)
- N.Y.C. Admin. Code § 8-107(5)(c)(1)
- N.Y.C. Admin. Code § 8-107(5)(c)(2)
- N.Y.C. Admin. Code § 8-107(5)(e)(1)
- N.Y.C. Admin. Code § 8-107(5)(f)
- N.Y. Exec. § 296(5)(a)(1)
- N.Y. Exec.§ 296(5)(a)(3)
- FHA, 42 U.S.C. § 3605
- FHA, 42 U.S.C. § 3605(a)
- FHA, 42 U.S.C. § 3606
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating the N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., and the FHA, 42 U.S.C. §§ 3605, et seq.;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the NYCHRL, NYSHRL, ADA and FHA, and their respective implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the FHA, 42 U.S.C. §§ 3605, et seq.;
- An order certifying the Classes under Article 9 of the CPLR, appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
- Such other and further relief as this Court deems just and proper