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Discrimination by design

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


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