Here is another example of a recent 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 May 7, 2009, the DOJ filed a lawsuit against Equity Homes Inc, PBR LLC, BBR LLC and Shane Hartung in federal court alleging that the defendants failed to provide accessible features required by the Fair Housing Act at six separate multi-family housing developments in Sioux Falls, South Dakota.
The lawsuit, which originated from a complaint filed with HUD, concerns six Sioux Falls complexes. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Among other things, the Act requires that new multifamily housing developments be designed and constructed with basic accessibility features, including accessible common and public use areas, accessible routes to and through apartments, doors wide enough for wheelchair users, kitchens and bathrooms with sufficient maneuvering space for wheelchair users, outlets and environmental controls in accessible locations, and bathrooms with reinforcements for grab bars. The lawsuit alleges that the defendants failed to include certain of these required accessibility features at each of the six complexes.
When builders and designers construct homes without regard for accessible features, they are effectively shutting the door to persons with disabilities. Designing and constructing multi-family housing without basic features of accessibility violates the law and subjects the builders and designers to liability under the Act.
The lawsuit seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal laws and prohibiting future discrimination by the defendants, as well as monetary damages to compensate victims. The lawsuit filed by the DOJ is an allegation of unlawful conduct, and the allegations must still be proven in court.
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