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Owner, Developer, and Builder Charged for Discrimination

Owner, Developer, and Builder Charged for Discrimination

Owner, Developer, and Builder Charged for Discrimination

Discrimination is never acceptable, but when it comes to housing, it is particularly heinous. Unfortunately, it does happen, and it often takes legal action to rectify the situation. That is precisely what happened in a recent case in which the owner, developer, and builder of a New Jersey condominium complex were charged with discrimination.

In this article, we will provide a detailed account of the case, outlining the charges and the steps that were taken to address the situation. We will also discuss the impact that discrimination can have on individuals and communities and examine some of the resources that are available to those who have experienced discrimination in housing.

Background

The case in question took place in Ocean Township, New Jersey, where a new condominium complex was being built. The owner, developer, and builder of the complex were all charged with violating the Fair Housing Act by discriminating against families with children and individuals with disabilities.

The charges were brought by the U.S. Department of Justice, which filed a lawsuit against the defendants in October of 2018. The lawsuit alleged that the defendants had engaged in a pattern or practice of discrimination by imposing occupancy restrictions that discriminated against families with children and individuals with disabilities.

Specifically, the lawsuit alleged that the defendants had a policy of restricting occupancy in certain units to two persons per bedroom, which effectively prohibited families with children from living in those units. The policy also had a disparate impact on individuals with disabilities, who often require additional space for medical equipment or caregivers.

The lawsuit further alleged that the defendants had failed to design and construct the units in compliance with the accessibility requirements of the Fair Housing Act. The units were allegedly not designed to be easily accessible to persons with disabilities, and the common areas of the complex were also not designed to be accessible.

Charges

The charges brought against the defendants by the U.S. Department of Justice were serious. In addition to alleging violations of the Fair Housing Act, the lawsuit also alleged violations of the Americans with Disabilities Act and the Rehabilitation Act.

These laws prohibit discrimination on the basis of disability and require that new construction be designed to be accessible to persons with disabilities. The defendants were charged with engaging in a pattern or practice of discrimination in violation of these laws, as well as with failing to make reasonable accommodations for individuals with disabilities.

The lawsuit sought damages for the victims of the discrimination, as well as injunctive relief to prevent the defendants from engaging in similar discrimination in the future. It also sought civil penalties to punish the defendants for their illegal actions and to deter others from engaging in similar conduct.

Response

The response to the charges was what we might hope for in a situation like this. The defendants quickly agreed to settle the lawsuit, agreeing to pay a substantial sum of money in damages to the victims of the discrimination and to make significant changes to the complex to ensure that it was accessible to individuals with disabilities.

As part of the settlement, the defendants agreed to adopt non-discriminatory policies and to provide training to their employees and agents to ensure that they were aware of and complied with fair housing laws. They also agreed to hire a consultant to test their compliance with accessibility requirements and to make any necessary changes to the complex to bring it into compliance.

Impact

The impact of discrimination on individuals and communities cannot be overstated. For those who are discriminated against, the experience can be devastating, leading to feelings of helplessness, anger, and despair. Discrimination can also contribute to the perpetuation of poverty and inequality, as those who are discriminated against may struggle to find affordable housing in the areas where they want to live.

At the same time, discrimination can also have a negative impact on the community as a whole, leading to division and resentment. It can create a culture of fear and mistrust that undermines the social fabric of the community and makes it more difficult for people to work together for the common good.

Resources

Fortunately, there are resources available to those who have experienced discrimination in housing. The U.S. Department of Housing and Urban Development (HUD), for example, has a fair housing enforcement program that investigates allegations of housing discrimination and works to ensure that fair housing laws are enforced.

HUD also provides resources for individuals who have experienced discrimination, including information on how to file a complaint and access to counseling services. In addition, there are a number of nonprofit organizations that provide legal assistance to those who have experienced discrimination in housing.

Conclusion

The case of the owner, developer, and builder charged with discrimination in New Jersey is a sobering reminder of the importance of fair housing laws and the impact that discrimination can have on individuals and communities. It also illustrates the need for vigilance and the importance of enforcing these laws to ensure that everyone has access to safe, affordable housing. By taking action against discrimination, we can help to create a more fair and just society for all.


On October 4, 2012, the US Department of Housing and Urban Development (HUD) stated it was charging an owner, builder and developer of a multiple housing unit in Missoula, Montana, for housing discrimination.  HUD claims the design and construction of two of the five units makes accessibility impossible for those with disabilities because two of the units require stairs and stairs only for entrance.

According to the Fair Housing Act, a new multiple housing unit need to include features for people with disabilities after March 13, 1991.  Some of these requirements include accessibility to common areas like bathrooms and kitchens, wider doors, and temperature controls that are easily reached by a person in a wheelchair.

According to Evelyn Meininger, the Region VIII Director for Fair Housing and Equal Opportunity, “For more than two decades, architects, designers, builders, and developers have had a legal obligation to comply with the Fair Housing Act’s design and construction requirements.  HUD is committed to enforcing the nation’s fair housing laws and working to create more housing opportunities for people with disabilities.”

The complaint was made by the Montana Fair Housing, Inc. which is a non-profit advocacy program for fair housing.  The complaint stated that Anthony Boote, the owner and developer for Red Dog Construction, LLC, and Charles J. Chandler, the designer, had constructed the units that blatantly ignored the Fair Housing Act.

After an investigation by HUD, it was found that the doorways were not wide enough to let a person enter in a wheelchair.  Also, the thermostats were not in proper locations and the bathrooms lacked reinforcements to later install a grab bar.

Unless the parties settle, the case will be heard in an Administrative Court of a federal district court.  If the judge finds the defendants guilty of discrimination, he or she can award damages, relief, and even punitive damages.

Source: U.S. Department of Housing and Urban Development