Advocacy groups for the disabled have again stepped up the filing of lawsuits under the Fair Housing Act. Newly authorized federal funding likely ensures that this latest wave of actions against developers, owners, and operators of multifamily housing will continue.
The National Fair Housing Alliance recently partnered with the Paralyzed Veterans of America to file suit against HHHunt Corporation in the Western District of Virginia. Their complaint targets all of HHHunt’s multifamily housing by alleging multiple violations of the accessibility standards under the Fair Housing Act and seeking declaratory relief, injunctive relief, damages, punitive damages, and attorneys’ fees. This case and another filed recently against SC Bodner Company, Inc., in Indiana are the first two such cases brought by the National Fair Housing Alliance in the past three years.
The Equal Rights Center also recently filed suit in the U.S. District Court for the District of Maryland against Lerner Enterprises, the largest private commercial developer in the Washington, D.C., metro area. The complaint alleges similar violations of the accessibility requirements at Lerner’s multifamily residential properties.
These cases likely are the beginning of a new series of accessibility lawsuits. The federal government announced last month that $40 million had been awarded to 108 fair housing organizations, including $28 million allocated to Private Enforcement Initiatives (PEI). PEI includes investigation and enforcement of the Fair Housing Act and similar state and local laws. The Equal Rights Center received $325,000 for PEI and the National Fair Housing Alliance received nearly $500,000 for PEI.
For public housing authorities and other developers of government-subsidized projects, additional accessibility standards are now available. The U.S. Department of Justice (DOJ) recently announced that the 2010 ADA Standards for Accessible Design are an acceptable alternative to the Uniform Federal Accessibility Standards to comply with the accessibility requirements of Section 504 of the Rehabilitation Act. However, these are only a short-term alternative. New standards are being developed to combine the two sets into one set similar to the 2010 ADA Standards.
If you have any questions about fair housing or accessibility, or for more information about how they apply in development, design, or construction, please contact Michael W. Skojec, whose practice concentrates on housing discrimination matters, particularly those related to accessibility. Mr. Skojec, who is defending both HHHunt and Lerner in the above-referenced cases, can be reached at 410.528.5541 or skojecm@ballardspahr.com.
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