Apartment Designers, Builders Violated Accessibility Requirements

摘要

Designers, builders, and owners of inaccessible apart- ment complexes bulitt seven years after HUD implemented handicapped accessibility guidelines violated the Fair Housing Act, ruled the U.S. District Court for the Western District of Tennessee, Western Division. (Memphis Center for Independent Living v. Richard and Milton Grant Co., Case No. 01-2069 D/A, April 26, 2004) Plaintiff Memphis Center for Independent Living (MCIL) brought an action against the Richard and Milton Grant Company, claiming that two apartment complexes they designed, built, and own violate the Fair Housing Act (act) and the Americans with Disabilities Act (ADA) and implementing regulations because they are not accessible to persons in wheelchairs. The United States, as interve-nor, moved for summary judgment on the claims of violations at the two complexes. HUD's accessibility guidelines are a safe harbor for compliance with the act's accessibility requirements. Although the guidelines are not mandatory, a builder who does not follow them must show that he has provided alternative means of accessibility.