The Department of Justice and Housing and Urban Development have just issued a guidance document concerning sober homes and other types of group living arrangements. It should help provide some clarity to cities and towns still wrestling with issues related to group living after decades of litigation. At the same, however, the document reminds us of the sobering reality that the Department of Justice and Housing and Urban Development believe they are above the law in their roles as advocates for the disabled, and will not hesitate to use their essentially unlimited resources to litigate intellectually unsustainable positions. More
ADA FHA General
Fight fight fight fight fight. It’s a great way for lawyers to make money, but it may not be the best way to win an ADA case. A look at the cases shows why having a good ADA policy and the right attitude toward ADA violations are critical in the defense of an ADA case.
We can start with the contrast between Moras v. Albertson’s LLC, 2016 WL 5661985 (D. Idaho Sept. 29, 2016) and Heinzl v. Cracker Barrel Old Country Stores, Inc., 2016 WL 2347367 (W.D. Pa. Jan. 27, 2016). Both cases involved chain stores with multiple locations and accessibility problems in their parking lots. In both cases the defendant moved for summary judgment based on having corrected the ADA violations, and in both the plaintiff conceded that the remediation work had been done. Beyond that, however, there were significant differences in the two defendants’ approach to the cases. More
By Richard Hunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Apartments, FHA, FHA Reasonable Accommodation, Reasonable accommodation Tags: City Vision, dialing for dollars, Fair Housing Advocates, HUD complaint, Patrick Coleman, Texas Workforce Commission
I’ve written before about the dialing for dollars phenomenon in Fair Housing Act claims (click here) and about how cheap standing facilitates litigation aimed more at profit than progress (click here). There is good news on both fronts from the Texas Workforce Commission, which recently dismissed several FHA complaints because the organization that filed them, a private corporation called Fair Housing Advocates, could not demonstrate it had standing. Fair Housing Advocates is operated by Patrick Coleman, one of the two owners of City Vision, a similar organization devoted to making money by means of HUD complaints. Citi Vision appears to have abandoned the dialing for dollars business earlier this year, probably because TWC started dismissing its complaints for lack of standing. More
By Richard Hunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Building Codes, DOJ, municipal government, Public Facilities, Restaurants, Retail, Shopping Centers Tags: ada litigation, drive-by lawsuits, drive-by litigation, private lawsuits, restaurants, serial litigation
By Richard Hunt in Accessibility Litigation Trends, ADA FHA General, ADA FHA Litigation General, Apartments, Building Codes, FHA, Multi-Family Tags: Consent Decree, Construction, Department of Justice, DOJ, FHA
The Department of Justice announced in late July a settlement with a substantial multi-family developer in West Virginia that had managed over a decade or so to construct 23 apartment complexes that did not comply with the accessibility requirements of the Fair Housing Act (see the DOJ press release here). In addition to remediation costs, which appear to be substantial, the developer will pay $205,000 in damages and penalties and construct new accessible units. Like most FHA cases, it is a big deal.
One of my fellow bloggers has helpfully suggested that if the DOJ investigates a situation like this you need a lawyer “like me.” What developers “like you” really need is not to be investigated in the first place, and if investigated to not be liable. You can find a link to the consent decree in the DOJ press release, and the problems it lists are the same problems that appear over and over again in FHA lawsuits. Lawyers didn’t cause them, and lawyers really can’t prevent them. Developers, however, can. More