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Contact: Rosanne M. Van Heertum
Director of Development, The New YorkBar Foundation
rvanh@tnybf.org
518/487-5650
May 4, 2009
COURT APPROVES $1.2 MILLION DISTRIBUTION IN TENANT
SCREENING CLASS ACTION
The New YorkBar Foundation to fund tenant
screening awareness programs
(Albany, N.Y. – 5/4/09) –Southern District
of New York Judge Lewis A. Kaplan has signed an order approving a plan
submitted by the plaintiffs for distribution of a cy pres
fund (a class action settlement fund) of approximately $1.2 million in
White v. First Advantage SafeRent, Inc. (04 CV 01611). The
funds have been distributed to The New York Bar Foundation, which will
provide funding through its grant making program for projects to be
conducted by The Legal Aid Society, Legal Services NYC, City-Wide Task
Force on Housing
Court, Neighborhood Economic Development
Advocacy Project and the New York State Bar Association.
The case was brought in 2004 as a class action that
alleged the defendant had issued thousands of tenant screening reports
to prospective landlords that violated the Fair Credit Reporting Act,
the New York Fair Credit Reporting Act and the New York Deceptive
Practices Act by failing to accurately, completely and clearly disclose
information about Housing Court cases brought against New York City
tenants. Part of the settlement of the case, which was approved by Judge
Kaplan, included the payment of damages, that ultimately will fund
tenant screening and awareness programs.
John R. Horan, Foundation president, said, “The
New York Bar Foundation is very pleased to receive the cy pres fund
distribution from this important case. This distribution is a result of
the leadership efforts of the New York State Bar Association and its
President, Bernice K. Leber, and the Foundation. We anticipate the same
type of collaboration among the organizations involved will provide the
highest quality programs to those affected by the tenant screening
process.”
The plaintiffs were represented by James B. Fishman of
New York (Fishman & Neil, LLP),
Andrew Bell of New York (Locks Law
Firm), Seth Lesser of White Plains (Klafter Olsen & Lesser), and
Stacey Canan of Washington, D.C.(AARP Foundation).
These funds will be used to further the goal of
increasing awareness of tenant screening and the duties and obligations
under fair credit laws and will enable the recipient organizations to
attend and conduct training programs; conduct outreach to community
groups, tenants, and small property landlords; and create and distribute
educational and training materials about tenant screening issues. The
projects will be conducted through joint efforts by the organizations
and in an efficient and cost-effective manner.
Founded in 1950, The New York Bar Foundation solicits
charitable contributions to provide funding for the following purposes:
increasing public understanding of the law; improving the justice system
and the law; facilitating the delivery of legal services; and enhancing
professional competence and ethics. For more information about The New
York Bar Foundation, go to www.tnybf.org, phone 518-487-5651 or email foundation@tnybf.org.
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