|HUD No. 19-026
HUD Public Affairs
March 11, 2019
HUD ANNOUNCES AGREEMENT RESOLVING ALLEGATIONS OF DISCRIMINATION INVOLVING SAN DIEGO HOUSING PROVIDERS
WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) today announced it has entered into a Conciliation/Voluntary Compliance Agreement with a resident and owners of a San Diego apartment complex.
The agreement resolves allegations that Wakeland Atmosphere, L.P., and FPI Management, Inc., the owners and managers of Atmosphere Apartments, refused to grant the resident’s request for a designated parking space close to the building. Read the agreement.
The Fair Housing Act and Section 504 of the Rehabilitation Act prohibit housing providers from denying or limiting housing to persons with disabilities and from refusing to make reasonable accommodations in policies or practices.
“To a person with mobility limitations, a designated parking space can mean the difference between merely living in a development and truly being able to call a place home,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD will continue working to ensure that housing providers meet their obligation to grant the reasonable accommodations persons with disabilities need and are entitled to under the law.”
The case came to HUD’s attention when the resident, who uses a wheelchair, filed a complaint alleging that his request for an assigned parking space in the development’s garage had been denied. The resident alleged that the owners and manager subsequently allowed him to park in non-assigned accessible spaces in the garage, but denied him the key that is necessary to enter the garage and to use the elevator. As a result, each time the resident wanted to enter the garage, he allegedly had to wait for another resident to open the gate, then follow that person in so he could use the elevator. The housing providers deny that they discriminated against the resident.
Under the terms of the Agreement, the owners and manager will pay the resident $17,000, modify their fair housing policy to include information about reasonable accommodations, comply with the provisions of Section 504 of the 1973 Rehabilitation Act, and attend fair housing training.
Persons who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY).