Federal Fair Housing Act requires accessibility be built into housing built after 1991
In the news
Designed to discriminate in West Virginia This week, HUD
has settled one case of disability discrimination and charged in
another. Both cases are based on failure to design new apartments to be
accessible for tenants with disabilities. On Sept 30, 2014, Justice Department announced that "developer Douglas Pauley
and entities affiliated with him have agreed to pay $110,000 and make
all retrofits required to remove accessibility barriers at 30 apartment
complexes, involving more than 750 units, in West Virginia that were
developed through the federal government’s Low-Income Housing Tax Credit
program. The parties’ agreement will settle the United States’ claims
that defendants violated the Fair Housing Act by building the complexes
with a variety of features that made them inaccessible to persons with
disabilities." http://www.justice.gov/opa/pr/justice-department-announces-fair-housing-settlement-wv-developer
WBOY reports that "The lawsuit asserts that most the buildings at the properties do not
contain an elevator, aside from Burroughs Place, which is located in
Morgantown. Among the allegations, Biafora is accused of failing to
provide walkways or sidewalks from units to public use or common use
areas and failing to provide handicap parking spots. The suit
said Biafora has provided the United States with all property plans
within their possession which indicates the dwellings do not contain
reinforcement in bathroom walls to allow for the later installation of
grab bars or railings. The U.S. Government has asked the court
to declare that Biafora's actions violated ADA and FHA requirements,
prevent the defendants from designing or building additional
non-compliant structures, along with awarding monetary damages and
assessing a civil penalty against each defendant. The United States
also calls for additional relief as the interests of justice may
require. Read more at: http://www.wboy.com/story/26677213/biaforas-incorporated-accused-of-violating-federal-fair-housing-disabilities-acts
