|HUD No. 19-138
HUD Public Affairs
September 16, 2019
HUD CHARGES NEW YORK, PENNSYLVANIA AND GEORGIA-BASED HOUSING DESIGN AND CONSTRUCTION PROFESSIONALS WITH DISCRIMINATING AGAINST PERSONS WITH DISABILITIES
Charge alleges New York condominium complex is not accessible to persons with disabilities
WASHINGTON - The U.S. Department of Housing and Urban Development announced today that it is charging housing professionals based in New York, Pennsylvania and Georgia with discrimination for failing to design and construct the 40-unit North 8 Condominium development in Brooklyn, New York, in accordance with the accessibility requirements of the Fair Housing Act.
Named as respondents by HUDâ€™s charge are Toll Brothers, Inc.; Toll Land XIII Limited Partner; Lendlease (US) Construction LMB, Inc; Greenberg Farrow Architecture, Inc.; and 51 North 8th Street LP. Read HUDâ€™s charge.
The Fair Housing Act requires that multifamily housing built after March 1991 contain accessible features for persons with disabilities. This includes accessible common areas, bathrooms and kitchens, as well as wider doors and environmental controls that can be reached by residents who use wheelchairs. The failure to include these features is unlawful and makes the property difficult or impossible to use by people with disabilities.
â€śWhen developers and builders fail to construct housing that complies with the Fair Housing Act, they not only violate the law, they make it more difficult for persons with disabilities to obtain the accessible housing they need,â€ť said Anna MarĂa FarĂas, HUDâ€™s Assistant Secretary for Fair Housing and Equal Opportunity. â€śTodayâ€™s action reflects HUDâ€™s ongoing commitment to taking action when housing providers fall short of meeting their legal obligations.â€ť
â€śThe Fair Housing Act requires that housing built since 1991 contain basic features of accessibility. These features are less expensive to provide at the time of construction than after the building has been completed,â€ť said Paul Compton, HUDâ€™s General Counsel. â€śHUD will continue to take action to bring inaccessible housing into compliance with the law.â€ť
The case began when HUDâ€™s Assistant Secretary for Fair Housing and Equal Opportunity initiated a complaint after HUD staff found that the condominium complex failed to meet the design and construction requirements mandated by the Fair Housing Act. According to the charge, North8 Condominium lacks accessible routes and entrances into and through the common areas and units accessible kitchens and accessible bathrooms.
The charge will be heard by a United States Administrative Law Judge unless any party elects for the case to be heard in federal court. If the administrative law judge finds after a hearing that discrimination has occurred, he may award damages to individuals injured by the inaccessible housing. The judge may also order injunctive relief and other equitable relief, including retrofitting of the property, as well as payment of attorney fees. In addition, the judge may impose civil penalties in order to vindicate the public interest.
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)