DOJ Files Fair Housing Act Case Against 82 Multifamily Properties

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The U.S. Department of Justice (DOJ) recently announced a broad, sweeping lawsuit against 82 multifamily properties spread across 13 states involving more than 3,000 housing units in Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, North Carolina, Ohio, Oklahoma, Pennsylvania, Texas and West Virginia. The case is United States v. Miller-Valentine Operations, Inc., et al., No. 1:19-cv-00346 (S.D. Ohio filed May 9, 2019). The complaint alleges the defendants violated the Fair Housing Act (FHA), Title III of the Americans with Disabilities Act (ADA), and the ADA Standards for Accessible Design by designing and constructing the properties in such a way that they discriminated against people with disabilities. Alleged violations include accessibility barriers involving steps and inaccessible routes, inaccessible features in kitchens and bathrooms, lack of floor space for wheelchair users to maneuver, and public spaces that failed to comply with the ADA. In addition, 62 of the properties were designed and constructed using Low-Income Housing Tax Credit (LIHTC) funds from the U. S. Department of Housing and Urban Development and the U.S. Department of Agriculture. NAHB is very familiar with the issues surrounding FHA and ADA compliance and has given a number of education sessions to individual HBAs and at the International Builders' Show. In addition, members can find information and webinar links on NAHB's website about compliance with the FHA and ADA. If you would like more information on the FHA or ADA, contact Felicia Watson at 800-368-5242 x8229 or Jeffrey Augello at x8490.

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