Here is another example of a lawsuit that was recently filed by the United States Department of Justice ("DOJ") to enforce the Fair Housing Act. I try to post summaries of these types of cases in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.
Yesterday afternoon (Wednesday, March 4, 2009), the DOJ filed a lawsuit against JPI Construction L.P. (“JPI”) and six JPI-affiliated companies for failing to provide accessible features required by the Fair Housing Act and the Americans with Disabilities Act at multi-family housing developments.
Since 1991, when the Fair Housing Act first required most new multi-family housing to contain accessible features, JPI and its affiliates have built more than 200 apartment, condominium and other housing complexes in twenty-six states and the District of Columbia.
According to the DOJ’s complaint, the defendants failed to design and construct accessible dwelling units and public and common use areas at several of its complexes that are located in various states throughout the country. According to the complaint, certain complexes designed and constructed by the defendants have inaccessible steps and curbs leading to units, steeply sloped routes leading to units, and no accessible routes to site amenities, including inaccessible trash facilities, barbecue grills and cookout tables. In addition, certain housing units have narrow doors and hallways; kitchens that lack accessible clear floor space at the sinks, ranges and refrigerators; bathrooms that lack accessible clear floor space at the toilets and tubs; and thermostats that are mounted too high to be accessible to a person using a wheelchair. The lawsuit filed by the DOJ is an allegation of unlawful conduct, and the allegations must still be proven in court.
The lawsuit seeks money damages to compensate victims and a civil penalty to be paid to the government. The lawsuit also seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal laws. This case is currently pending in the United States District Court for the Northern District of Texas.
As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. This case demonstrates that failing to design and construct multi-family housing with basic features of accessibility can lead to a violation of fair housing laws.
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