DOJ Update
Justice Department Obtains $1 Million Fair Housing Act Settlement
The Justice Department has announced a settlement agreement with a developer and several architectural firms in Michigan, Indiana, Illinois, Ohio, Wisconsin, Virginia, and Nebraska, resolving two lawsuits that alleged disability related housing discrimination. Under the agreement, the developer and architectural firms have agreed to retrofit 49 apartment complexes and pay $1,060,000.
"Following this agreement, the Justice Department will have facilitated - in 2005 alone - the availability of more than 10,000 newly-accessible housing units to persons with disabilities," said Bradley Schlozman, Acting Assistant Attorney General for the Justice Department's Civil Rights Division. "While it is less expensive to make housing accessible in the first place, we are pleased with the defendants' cooperation with the government to reach this agreement, which retrofits nearly 50 apartment complexes."
After conducting an initial investigation, the Justice Department filed suit in 2001 in South Bend, Indiana and later filed a related suit in Detroit, Michigan in 2002. The government's complaints alleged that the defendants discriminated against persons with disabilities in the design and construction of the complexes, in violation of the Fair Housing Act. The lawsuits also alleged that the rental offices at a number of the properties were designed and constructed in violation of the Americans with Disabilities Act, which prohibits disability discrimination in public accommodations, including rental offices.
Under the settlement agreement, which was approved by the US District Court for the Eastern District of Michigan, the defendants will: retrofit 5,400 ground-floor apartments to make them more accessible; pay up to $950,000 to individuals harmed by the lack of accessible features at the properties; and pay a $110,000 civil penalty.
"This agreement underscores how federal law ensures that housing must be made available on a non-discriminatory basis to all people, including those with disabilities. We hope that this settlement encourages the housing industry in my district to comply with the accessible design and construction requirements of the Fair Housing Act," said Stephen Murphy, US Attorney for the Eastern District of Michigan.
The Civil Rights Division is committed to providing greater access for Americans with disabilities. Since January 20, 2001, the Division has filed 174 lawsuits under the Fair Housing Act, including 36 based on the Act's design and construction provisions.
