Fair Housing Lawsuit Settled Last Week for $280,000 + Retrofitting Costs

Here is another example of a recent settlement of a Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”). I try to post case summaries in order to provide timely updates to real estate agents and brokers about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue.

On April 14, 2009, the DOJ settled a Fair Housing Act lawsuit that was brought against twenty-five defendants (individuals involved in the design and construction of various multi-family housing complexes) for failing to provide required accessible features for persons with disabilities at eleven multi-family housing developments in Kentucky. The lawsuit alleged that the individuals involved in the design and construction of twelve multifamily housing complexes discriminated on the basis of disability.

According to the lawsuit, the public and common use areas of those housing developments had steps leading to covered dwelling units, lacked walkway connections to covered dwelling units, lacked accessible parking, and had routes leading to covered dwelling units that were too steeply sloped to be accessible to persons who use mobility assistance devices. Inside the dwelling units, doors and hallways were insufficiently wide, thermostats were mounted too high, and bathrooms and kitchens lacked sufficient clear floor space for people who use wheelchairs.

The lawsuit arose as a result of a complaint to the DOJ by the Fair Housing Council, then a local Louisville, Kentucky non-profit organization that received funding from HUD.

Under the terms of the settlement, the defendants were required to pay all costs related to making the apartment complexes accessible to persons with disabilities and pay $255,000 to compensate individuals harmed by the inaccessible housing. The defendants were also filed $25,000 as a civil penalty to vindicate the public interest and undergo training on the requirements of the Fair Housing Act.

The retrofitting of the apartment complexes includes modifying walkways, removing steps, providing accessible curb ramps and parking, and providing accessible walks to site amenities, such as the clubhouses, pools, mailboxes and trash facilities. It also requires the defendants to replace inaccessible knob door hardware with levers, lower thermostats to accessible heights, and reconfigure bathrooms and kitchens.

Fair housing laws require equal access to housing, including equal access for persons with disabilities. The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.

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