Discrimination in housing; people with disabilities

Dennis Norman

By: Dennis Norman

When we speak of discrimination in housing it seems many people think of it only in terms of discrimination based upon race.  However, landlords and other property owners need to remember that the Federal Fair Housing Laws that make it illegal to discriminate in housing based upon race also make it illegal to discriminate against people based upon religion, sex, familial status or disability.

Recently I have noticed several cases involving discrimination in housing based upon a persons disability.  This area of the Fair Housing laws may be the most difficult for property owners to understand what is necessary on their part in order to comply.  The other forms of discrimination are a little more apparent; you cannot refuse to rent to someone based upon their race or color, sex, etc.  While this applies to people with disabilities as well, the laws also require that, in the case of persons with disabilities, you make reasonable accommodations to make your property accessible to them.  This is where many property owners seem to have problems.

Some of this stems from the Americans with Disabilities Act (ADA) which requires buildings to be designed to allow access by persons with disabilities.  It is surprising how confused even professionals such as architects are by these requirements.  I was once involved in a new condominium development where the architect, an experienced and reputable one, assured us that our project complied with ADA.  Later, after construction began, we found out it in fact did not and we had to make very costly changes to the design in mid-stream.  Later we found the reason the architect thought we were in compliance was that the design complied with the requirements for accessibility by the local municipality.  However, local laws do not negate, nor replace, the requirements of the ADA. 

Before I go further, my customary disclosure, “I am not an attorney and this is not legal advice”.  You should seek guidance and help from appropriate professionals when deal with complying with Federal Fair Housing laws and ADA.  What this is intended to be is an article that heightens your awareness and also illustrates some of the repercussions of not getting yourself up to speed on things such as this.

Below are some quick facts from four recent cases I have seen brought by the Department of Justice against property owners and architects for disability-based discrimination.  This will help show some of the various issues facing property owners and landlords that you need to be aware of:

• Case 1 – Last week the DOJ announced an agreement with the former owners and managers of an apartment complex in Longview, Washington to settle allegations that they violated the Fair Housing Act by intentionally discriminating against an individual with a disability.  Under the settlement the defendants must pay a total of $35,000 to the complainant.  The lawsuit originated from charges filed by the Department of Housing and Urban Development (HUD) on behalf of a tenant of the apartments.  In 2004 the tenant, who has a mobility impairment that limits his ability to enter or exit a car, asked to use two contiguous parking spaces in the apartment complex’s lot until a handicap accessible space became available.  The complaint alleged that the former owners and managers of the apartments violated the Fair Housing Act when they intentionally discriminated against the tenant by refusing his request and by initiating retaliatory eviction proceeds.  The complaint also alleged that the tenant’s request was reasonable and necessary to afford him an equal opportunity to use and enjoy his dwelling.
• Case 2 – In May the DOJ announced the settlement of a lawsuit alleging discrimination on the basis of disability in the design and construction of four multifamily housing complexes in Spokane, Washington.  Under the settlement, the defendants will pay all costs related to making the apartment complexes accessible to persons with disabilities and will pay $120,000 to compensate individuals harmed by the inaccessible housing.  The developer will pay a $10,000 civil penalty to vindicate the public interest and most of the defendants will undergo training on the requirements of the Fair Housing Act. 
• Case 3-In April the DOJ announced a settlement of a lawsuit alleging that those involved in the design and construction of 12 multifamily housing complexes in Louisville, Kentucky discriminated on the basis of disability.  Under the settlement, the defendants will pay all costs related to making the apartment complexes accessible to persons with disabilities and pay $255,000 to compensate individuals harmed by the inaccessible housing.  The defendants will also pay a $25,000 civil penalty to vindicate the public interest and undergo training on the requirements of the Fair Housing Act.
• Case 4 – Last month the DOJ announced a settlement of a lawsuit resolving allegations that those involved in the design and construction of a 318-unit apartment complex in Woodbridge, Va., discriminated on the basis of disability in the design and construction of the project.  Under the settlement the defendants will pay all costs related to retrofitting the apartment complex to make it accessible to persons with disabilities.  The defendants must also establish a $40,000 fund which will be used to compensate individuals harmed by the inaccessible housing.  The settlement also requires the defendants to undergo training on the requirements of the Fair Housing Act.

As you can see, failing to comply with Fair Housing Laws can put property owners on the receiving end of a lawsuit from the Department of Justice and be very costly.  The DOJ takes these issues very seriously as evidenced by the comment by acting Assistant Attorney General Loretta King of the Civil Rights Division, “Individuals with disabilities have the basic right to expect reasonable accommodations that allow them access to housing……This settlement should send a strong message to landlords that they must take all requests for reasonable accommodations very seriously.”

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