At the end of last month, the U.S. Department of Housing & Urban Development (HUD) issued a formal charge of housing discrimination against the developer, owner, construction company, and architect of a multifamily property in New York, asserting that the parties failed to design and construct a condominium development in Queens, NY in compliance with the accessibility requirements of the Fair Housing Act (FHA).

The FHA, of course, mandates that multifamily housing built after March 1991 contain accessible features for disabled individuals. These requirements include accessible kitchens, bathrooms, common areas, wider doors, and lower controls that can be reached by residents who use wheelchairs. These design and construction features are required to be included in order for multifamily properties to be in compliance with the law.

HUD’s charge of discrimination followed an investigation which was started with the filing of a discrimination complaint back in 2012 by a resident at the property asserting that the Respondents designed and constructed a building with any number of inaccessible features. As a part of its investigation, HUD conducted an on-site inspection and claims it discovered various design and construction problems. Specifically, HUD now asserts the property lacks safe and accessible routes between units and common areas in addition to issues with the property’s main entrance, hallways, shared outdoor terrace, patios, trash rooms, and its parking garage. Finally, HUD’s complaint alleges its investigation revealed multiple violations inside individual units, including inaccessible doors, bathrooms, kitchens, and environmental controls.

The case will now be heard by a HUD Administrative Law Judge, unless one of the parties chooses to send the case to federal court. As regular readers of this space are aware, I always know there are at least two sides to every story and that a complaint simply puts forward one side. The takeaway for defense lawyers like me, however, is that we need to advise our clients to follow the design and construction requirements contained in the law/regulations. Indeed, there are even safe harbors to help prevent complaints like this.

Just A Thought.