DOJ lawsuit says Alabama developer violated ADA

[mark handler]

DOJ lawsuit says Alabama developer violated ADA laws in construction of apartments in four states

By Kent Faulk | kfaulk@al.com

September 30, 2015

he U.S. Department of Justice says an Alabama developer and his affiliated companies built 71 multifamily housing complexes in Alabama, Georgia, North Carolina, and Tennessee in violation of laws protecting persons with disabilities, according to a lawsuit filed Wednesday by the DOJ.

The civil lawsuit, filed in U.S. District Court in Birmingham, names Florence-based developer Allan Rappuhn and his affiliated companies Gateway Construction Corp. and Gateway Properties LLC as defendants in the case.

Efforts to reach Rappuhn prior to publication of this story were unsuccessful.

The 71 complexes contain more than 2,500 ground-floor units that are required by the Fair Housing Act (FHA) to have accessible features, according to a statement from the DOJ. The units were built with the assistance of federal low-income housing tax credits and other federal programs.

This is the government's first lawsuit in Alabama alleging violations of the FHA and the Americans with Disabilities Act (ADA) in the design and construction of multi-family housing, the DOJ stated.

"Those who design and build multifamily housing complexes are required by federal laws that have been on the books for over two decades to provide accessible features for persons with disabilities," said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. "Unlawful barriers deny Americans with disabilities the basic right to equal housing opportunities."

U.S. Attorney Joyce White Vance of the Northern District of Alabama stated that the Fair Housing Act assures individuals with disabilities are provided accessible housing. "My office is committed to taking action in cases where unlawful discrimination violates the access of those with disabilities to fair housing."

The suit alleges that 36 properties in Alabama, 25 in Georgia, nine in North Carolina and one in Tennessee have significant barriers, including steps leading to building entrances, non-existent or excessively sloped pedestrian routes from apartment units to site amenities (e.g., picnic areas, dumpsters, clubhouse/leasing offices), insufficient maneuvering space in bathrooms and kitchens and inaccessible parking, according to the DOJ statement.

The lawsuit asks a federal judge to issue an order requiring the defendants to bring properties into compliance with the FHA and the ADA, as well as monetary damages for persons harmed by the lack of accessibility and a payment of civil penalties to the United States, according to the DOJ statement.

The complexes targeted in the lawsuit are:

• Alexander Terrace Apartments, Moulton, AL

• Americus Gardens Apartments, Americus, GA

• Applegate Apartments, Florence, AL

• Autumn Ridge Apartments, Jacksonville, NC

• Bailey Springs Apartments, Lincolnton, NC

• Belle Isle Apartments, Robertsdale, AL

• Blue Springs Apartments, Jacksonville, NC

• Bradbury Apartments, Newton, NC

• Brentwood Landing Apartments, Prattville, AL

• Brentwood Landing II Apartments, Prattville, AL

• Brookstone Village Apartments, Jacksonville, AL

• Canebreak Apartments, Wilmington, NC

• Cedar Glades Apartments, Shelbyville, TN

• Charleston Square Apartments, Troy, AL

• Cherry Ridge Independent Living Apartments, Birmingham, AL

• Cottage Hill Pointe Apartments, Mobile, AL

• Double Creek Apartments, Florence, AL

• Eagle Pointe Apartments, Madison, AL

• Evergreen Village Apartments, Cedartown, GA

• Hamilton Place Apartments, Millbrook, AL

• Harbor Square Apartments, Decatur, AL

• Heatherwood Apartments, Alexander City, AL

• Heritage Vista Apartments, Milledgeville, GA

• Heron Lake Apartments, Valdosta, GA

• Heron Lake II Apartments, Valdosta, GA

• Hickory Run Apartments, Jacksonville, AL

• Hickory Run II Apartments, Jacksonville, AL

• Highland Park Senior Village, Douglasville, GA

• Hunter Pointe Apartments, Centreville, AL

• Ivy Pointe Apartments, Tuscumbia, AL

• Ivy Pointe II Apartments, Tuscumbia, AL

• Kirby Creek Apartments, Cairo, GA

• Kirkwood Trail Apartments, Cedartown, GA

• Lakeshore Crossing Apartments, Huntsville, AL

• Lenox Station Apartments, Rockingham, NC

• Liberty Square Apartments, Montgomery, AL

• Mallard Lake Apartments, LaGrange, GA

• Maple Square Apartments, Jefferson, GA

• Meadowview Apartments, Greenville, AL

• Oakland Mill Apartments, Lincolnton, NC

• Oleander Park Apartments, Mobile, AL

• Orchard Park Apartments, Hayneville, AL\

• Palladian Apartments, Mobile, AL

• Palladian-Fairhope Apartments, Fairhope, AL

• Palladian-Jubilee Apartments, Daphne, AL

• Palladian II Apartments, Mobile, AL

• Parkwood Apartments, Pell City, AL

• Pebble Creek Apartments, Butler, AL

• Pinewood Apartments, Pooler, GA

• Powell Place Apartments, Barnesville, GA

• Preston Place Apartments, Quitman, GA

• Shadowood Apartments, Stevenson, AL

• Shellbrooke Pointe Apartments, Fairhope, AL

• Sheppard Station Apartments, Pooler, GA

• Skyline Trace Apartments, Monroe, GA

• Sterling Oaks Apartments, Spindale, NC

• Stoney Creek Apartments, Laurinburg, NC

• Stony Ridge Apartments, Hogansville, GA

• Sullivan Village Apartments, Tuscumbia, AL

• The Park at Rocky Ridge Apartments, Birmingham, AL

• Timberfalls Apartments, Thomaston, GA

• Valley Ridge Apartments, LaGrange, GA

• Village at Wedgewood Apartments, Cairo, GA

• Villas on Forsyth Apartments, Barnesville, GA

• Waring II Apartments, Waycross, GA

• Waterford Farms Apartments, Arab, AL

• Wincliff Apartments, Gainesville, GA

• Woodlawn Terrace Apartments, Valdosta, GA

• Glencoe Trace Apartments, Griffin, GA

• Waring Apartments, Waycross, GA

• Westfork Apartments, Jasper, AL

 

[SCBO1]

IMO, I think if your a developer and your going to take federal government monies you need to follow the requirements set forth by the agency shelling out those funds.

pc1

 

[ADAguy]

What of the Fed's/HUD review process? Something broke down here.

In Los Angeles they have been very observant of these features.

 

[mark handler]

Gateway Companies respond to DOJ lawsuit

The Gateway Construction and Development company says the lawsuit by the Department of Justice came as a total surprise.

http://www.wtvm.com/story/30176553/gateway-companies-respond-to-doj-lawsuit

“We were very surprised when they went ahead and filed that, and issued a press release without informing us of that,” said Gateway Construction Company President Amy Montgomery.

The 105-page lawsuit claims many violations of Fair Housing Act and Americans with Disabilities Act guidelines. Montgomery says many of the violations are marginal.

"A slope of sidewalk must be less than 5 percent, and ours would be 6 percent," says Montgomery. "The fair housing component of that in designing and constructing these properties is part of what we do. We do it every day."

Montgomery says that in normal construction, there are allowances for marginal errors, but the ADA is very specific with its guidelines.

"The Americans with Disabilities Act is very exacting with their requirements, so there really aren't those allowances," said Montgomery.

Montgomery says it was odd that her company was targeted.

 

[ICE]

Montgomery says it was odd that her company was targeted.

There's nothing odd about it at all. Government agencies prefer targeting the big fish. There is no point in hammering some little guy that can't pay up.