DOJ Files New Fair Housing Act Disability Discrimination Action

A couple of weeks ago, the U.S. Department of Justice (DOJ) filed a new Fair Housing Act (FHA) lawsuit against the owner, builder, and designer of a housing complex near Central Washington University in Ellensburg, Washington. In the complaint, the DOJ asserts that the apartment-style homes were constructed without complying with the FHA's accessibility requirements. The lawsuit states that each of three buildings on the property have nine individually keyed units with their own bathroom and desk as well as a shared living space, a communal kitchen, and two communal laundry rooms.

The specific barriers claimed by the DOJ include: inaccessible building entrances on an inaccessible exterior route, inaccessible knob hardware throughout (including on the building entrances and unit entrances), inaccessible electrical outlets, inaccessible laundry facilities, inaccessible bathrooms, and inaccessible walk-in closet entrances.

As always, I am mindful there are two sides to every case. DOJ made the claims following a complaint filed by a local fair housing group in Washington state after an administrative complaint was brought before the U.S. Department of Housing & Urban Development. Two takeaways here: (a) DOJ will attempt to hold everyone involved in a project accountable if perceived FHA violation exists; and (b) the law contains a number of safe harbors and guidance to help owners, designers, and builders ensure new constructions meets the accessibility criteria.  Make sure your builder/designer/owner is familiar with ensuring a building is considered accessible or find someone who is before your project gets started.  Or you might really need to speak with a lawyer like me.

Just A Thought.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.