United States v. Toll Brothers, Inc. (S.D. N.Y.)

On March 25 and 27, 2025, the United States Attorney’s Office filed two proposed settlement agreements in United States v. Toll Bros., Inc. (S.D.N.Y.), regarding accessibility retrofits at, respectively, The Kendrick, in Needham, Massachusetts, and Emerson at Edge on the Hudson, in Sleepy Hollow, New York.  The complaint, which was filed on June 18, 2024, alleges that several Toll-related entities and others violated the Fair Housing Act by failing to design and construct residential properties in New York and elsewhere with the required accessibility features.  The case was referred to the Department of Justice after the Department of Housing and Urban Development received a complaint, conducted an investigation, and issued a charge of discrimination.  The complaint is also based on evidence obtained by the Department of Justice’s Fair Housing Testing Program.  On June 25, 2024, the court approved a consent decree between the United States and Defendant Lendlease Construction LMB Inc.  The decree requires Lendlease not to discriminate in future design and construction, implement an educational program, and pay a $10,000 civil penalty.  On July 28, 2024, the court approved a consent decree between the United States and Defendant GreenbergFarrow Architecture, Inc.  The decree requires GreenbergFarrow not to discriminate in future design and construction, implement an educational program, and pay a $30,000 civil penalty.  On January 8, 2025, the United States Attorney’s Office filed a second amended complaint.  On March 1, 2025, the court approved a settlement agreement regarding retrofits at Parc at Princeton Junction, in Princeton, New Jersey.  On March 4, 2025, the court approved a proposed settlement agreement regarding retrofits at another property, The Morgan, in Jersey City, New Jersey.