NAP- Neighborhood Alliance of Pawtucket

US Dept of Justice on Housing

Recent Proceedings-10-2007

1. JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT AGAINST TOWN OF ST. JOHN, INDIANA

FOR IMMEDIATE RELEASE CRT
FRIDAY, SEPTEMBER 21, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - The Justice Department today sued the town of St. John, Ind., for violating the Fair Housing Act when it denied a petition for a variance based on the disability of a prospective resident. The suit, filed in the U.S. District Court for the Northern District of Indiana, charges that St. John intentionally discriminated against persons with disabilities when it refused to allow a St. John resident a variance to allow one unrelated individual with multiple sclerosis to live with the resident in his home.

Under the town's zoning regulations, unrelated persons cannot live together in a dwelling in a single-family district. The complaint alleges that the requested variance was reasonable and necessary to afford prospective residents with disabilities an equal opportunity to use and enjoy a dwelling in a residential neighborhood in St. John.

"This lawsuit is another example of this Administration's commitment to end the exclusion of persons with disabilities from the mainstream and to increase their opportunities to share in the American dream," said Rena J. Comisac, Acting Assistant Attorney General of the Civil Rights Division.

This lawsuit arose as a result of a complaint filed with the U.S. Department of Housing and Urban Development (HUD). HUD referred the case to the Justice Department after conducting an investigation.

The suit seeks a court order prohibiting future discrimination by the town and requiring the town to grant the requested variance, pay monetary damages to compensate victims, and pay a civil penalty.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. Since Jan. 1, 2001, the Justice Department's Civil Rights Division has filed 233 cases to enforce the Fair Housing Act, 108 of which have alleged discrimination based on disability. More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

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2. JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION AT 11 COMPLEXES IN LOUISVILLE, KENTUCKY

FOR IMMEDIATE RELEASE CRT
TUESDAY, SEPTEMBER 25, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - The Justice Department filed a lawsuit today in federal district court in Louisville against 25 defendants for failing to provide required accessible features for persons with disabilities at 11 multi-family housing developments in Louisville with over 900 covered ground floor units. This is the government's first lawsuit in Kentucky alleging violations of the Fair Housing Act and the Americans with Disabilities Act in the design and construction of multi-family housing.

"Persons with physical disabilities should have the same housing choices as other persons," said Rena J. Comisac, Acting Assistant Attorney General for the Civil Rights Division. "We will continue to pursue vigorously those who still have not gotten the message that failing to design and construct multi-family housing with basic features of accessibility violates the law."

According to the government's complaint, the public and common use areas of these developments have steps leading to covered dwelling units, lack walkway connections to covered dwelling units, lack accessible parking, and have routes leading to covered dwelling units that are too steeply sloped to be accessible to persons who use mobility assistance devices. Inside the dwelling units, doors and hallways are insufficiently wide, thermostats are mounted too high, and bathrooms and kitchens lack sufficient clear floor space for people who use wheelchairs. The complexes at issue are:

Audubon Woods Condominiums
Cooper Creek Village Apartments
Gardens of Glenmary Village Condominiums
Glenmary Village Apartments
Glenmary Village Overlook Condominiums
Renaissance St. Andrews Apartments
Renaissance St. Andrews Condominiums
Springs of Glenmary Village Condominiums
Valley Farms Apartments
Woodridge Lake Patio Homes
Woods of St. Andrews Condominiums

The suit seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal laws and prohibiting future discrimination by the defendants. It also seeks monetary damages to compensate victims and a civil penalty to be paid to the government to vindicate the public interest.

Fighting illegal housing discrimination is a top priority of the Justice Department. Since Jan. 1, 2001, the Justice Department's Civil Rights Division has filed 235 cases to enforce the Fair Housing Act, 110 of which have alleged discrimination based on disability.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt. http://www.usdoj.gov/fairhousing.Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

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3. JUSTICE DEPARTMENT FILES FAIR HOUSING LAWSUIT AGAINST SPOKANE, WASHINGTON, DEVELOPERS, ARCHITECTS, AND ENGINEERS

FOR IMMEDIATE RELEASE CRT
TUESDAY, SEPTEMBER 25, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - The Justice Department today sued the developers, architects, and professional engineers responsible for building five apartment complexes in Spokane County, Wash., alleging that they designed and built the complexes in violation of the Fair Housing Act by failing to make the complexes accessible to wheelchair users and other persons with physical disabilities.

The five apartment complexes, all located in Spokane County, Wash., are: Rock Creek Apartments, Prairie Hills Apartments, Granite Court Apartments, Hilby Station Apartments, and Pineridge Apartments. The suit, filed in the U.S. District Court for the Eastern District of Washington, charges that Spokane developer Lanzce G. Douglass and/or his affiliated corporation, Lanzce G. Douglass Inc. developed and built each of the five complexes. The suit also names architects Donald E. Neraas, Independent Home Designs Inc., and Ralph W. Hoover, and engineers J.R. Bonnett Engineering Inc. and Gary S. Nelson, alleging that they each designed portions of one or more of the complexes without including required accessibility features in the designs. Since 1989, federal law has required that new multi-family housing contain certain features to make it accessible to and usable by wheelchair users and other persons with physical disabilities.

"Steps, narrow doors, and other accessibility barriers exclude persons with physical disabilities just as surely as a sign saying persons with disabilities need not apply," said Rena J. Comisac, Acting Assistant Attorney General of the Civil Rights Division. "We will continue to make every effort to break down unlawful accessibility barriers in housing."

The suit seeks a court order prohibiting future discrimination by the defendants, and requiring the defendants to modify the complexes to bring them into compliance with the Fair Housing Act, pay monetary damages to compensate victims, and pay a civil penalty.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Since Jan. 1, 2001, the Justice Department's Civil Rights Division has filed 235 cases to enforce the Fair Housing Act, 110 of which have alleged discrimination based on disability. More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

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4. JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING DISABILITY-BASED HOUSING DISCRIMINATION IN SAVANNAH, GEORGIA

FOR IMMEDIATE RELEASE CRT
WEDNESDAY, SEPTEMBER 26, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - The Justice Department filed a lawsuit today in federal district court in Savannah, Ga., against the owners, developers, builders and engineers of two Savannah condominium complexes for failing to include required accessible features for persons with disabilities. The complaint alleges that Genesis Designer Homes LLC, Genesis Real Estate Group, Thomas and Hutton Engineering Company, and Malphrus Construction Company violated the Fair Housing Act in the design and construction of Stonelake Townhomes and Highlands Crossing.

The suit seeks a court order requiring the defendants to modify the complexes to bring them into compliance with federal law and prohibiting future discrimination by the defendants. It also seeks monetary damages to compensate victims and a civil penalty to be paid to the government to vindicate the public interest.

"New multi-family housing complexes built after March 1991 must have basic accessible features for persons with disabilities," said Rena J. Comisac, Acting Assistant Attorney General for the Civil Rights Division. "Yet 16 years later, the Justice Department must still remain vigilant in pursuing those who fail to comply. We demand that retrofits be made to ensure that persons with disabilities have an equal opportunity to enjoy their homes."

According to the government's complaint, the complexes lack accessible routes into the dwellings, the doors in the units are too narrow to allow access by persons using wheelchairs, the bathroom walls lack reinforcements needed for the safe installation of grab bars, and the common and public use areas are not accessible. In many instances there are no accessible routes from the dwellings to the main sidewalks or to the swimming pool and mailbox areas. There are also no accessible parking spaces at the complexes.

Fighting illegal housing discrimination is a top priority of the Justice Department. Since Jan. 1, 2001, the Justice Department's Civil Rights Division has filed 237 cases to enforce the Fair Housing Act, 111 of which have alleged discrimination based on disability.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777. # # #

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5. FEDERAL SETTLEMENT AGREEMENT WILL MAKE SYLVAN LEARNING CENTER TUTORING PROGRAMS ACCESSIBLE TO INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING

FOR IMMEDIATE RELEASE CRT
THURSDAY, SEPTEMBER 27, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - The Department of Justice today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Sylvan Learning Centers L.L.C., which owns and operates over 200 Sylvan Learning Centers in 24 states across the nation. The agreement sets out steps to make Sylvan's tutoring programs and services accessible to people who are deaf or hard of hearing. Sylvan provides tutoring, both in person and online, and personalized instruction to students primarily in grades pre-K through 12.

"Students who are deaf or hard of hearing, like their peers, want opportunities to enhance their learning, and this agreement improves access to the tutoring programs and services at more than 200 Sylvan Learning Centers across the nation," said Rena J. Comisac, Acting Assistant Attorney General for the Civil Rights Division. "I commend Sylvan Learning Centers, L.L.C., for working cooperatively with us to more effectively serve individuals who are deaf or hard of hearing. We hope that this agreement will serve as a model for other tutoring programs so that all children, including those who are deaf or hard of hearing, will have an equal opportunity to benefit from these important educational services."

The settlement focuses on Sylvan's commitment to maintain policies, practices, and procedures to ensure that individuals with disabilities, including individuals who are deaf or hard of hearing, have an equal opportunity to use the services provided by Sylvan. Sylvan will provide auxiliary aids and services, including qualified sign language interpreters, to students who are deaf or hard of hearing when necessary to ensure effective communication. Auxiliary aids and services include, but are not limited to, providing qualified sign language interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening devices, videotext displays, and other effective methods of making materials that others access by listening and speaking aloud available to students who are deaf or hard of hearing. Sylvan will not charge students for utilizing auxiliary aids and services they need.

More information about the ADA or the settlement agreement can be obtained on the Department of Justice's ADA Home Page at www.ada.gov. Information about the ADA is also available the Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

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6. JUSTICE DEPARTMENT SETTLES GEORGIA LAWSUIT ALLEGING HOUSING DISCRIMINATION AGAINST GUIDE DOG USERS

FOR IMMEDIATE RELEASE CRT
THURSDAY, SEPTEMBER 27, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - The Justice Department announced today that it has reached a settlement with the owners and managers of the Hickory Plantation and Willow Way Apartments, both located in Camden County, Ga., resolving a lawsuit filed by the Department alleging discrimination against persons with disabilities. According to the complaint, which was filed simultaneously with the consent decree in federal district court in Savannah, Ga., Defendants Herbert Bolt, Betty Bolt, and Herbert Bolt, Jr. violated the Fair Housing Act by refusing to rent an apartment at Hickory Plantation to a visually impaired individual who used a guide dog.

Under the agreement, which must still be approved by the court, the defendants will pay $35,000 to compensate victims at Hickory Plantation and Willow Way, pay a $20,000 civil penalty to the U.S. government, establish and follow non-discriminatory tenancy procedures, undergo fair housing training, and file reports with the government.

"Individuals who use guide dogs are entitled to the same housing opportunities as people who don't," said Rena J. Comisac, Acting Assistant Attorney General for the Civil Rights Division. "Landlords must understand that they have a responsibility to make reasonable accommodations for persons with disabilities, and where they fail to do so, the Department will enforce the law."

The Department conducted its investigation using fair-housing testers - individuals who pose as renters for purposes of gathering information about possible discriminatory practices in the rental of apartments.

This case is another example of the success of Operation Home Sweet Home, a concentrated initiative of the Department of Justice to expose and eliminate housing discrimination in America. This initiative was inspired by the plight of displaced victims of Hurricane Katrina who were suddenly forced to find new places to live. Operation Home Sweet Home is not limited to the areas hit by Hurricane Katrina and targets housing discrimination across the country. More information about Operation Home Sweet Home is available at the Justice Department Web site at http://www.usdoj.gov/fairhousing.

Individuals who believe that they may have been the victim of housing discrimination at Hickory Plantation or Willow Way should call the Justice Department's Housing and Civil Enforcement Section at 1-800-896-7743 (option number 93), or send an email to fairhousing@usdoj.gov.

Since Jan. 1, 2001, the Justice Department's Civil Rights Division has filed 238 cases to enforce the Fair Housing Act, 112 of which have alleged discrimination based on disability. http://www.usdoj.gov/crt.

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7. FORMER TENNESSEE MENTAL HEALTH AIDE SENTENCED FOR FEDERAL CIVIL RIGHTS VIOLATIONS

FOR IMMEDIATE RELEASE CRT
TUESDAY, OCTOBER 16, 2007
(202) 514-2008
TDD: (202) 514-1888
WWW.USDOJ.GOV

WASHINGTON - Jarvis Malone, a former aide at the Arlington Development Center (ADC) in Arlington, Tenn., was sentenced today in federal court in Memphis to 27 months imprisonment following his conviction on civil rights violations. After release from prison, Malone will be on federal supervised release for 2 years.