Press release: Over $2.2 Million to Resolve Fair Housing Accessibility Case

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FOR IMMEDIATE RELEASE:


Wednesday, October 20, 2010



Over $2.2 Million to Resolve Fair Housing

Accessibility Case in Manhattan



In 2006, the Fair Housing Justice Center, Inc. (FHJC) conducted a testing investigation to

determine whether new multi-family rental developments in Manhattan were being designed and

constructed in compliance with the accessibility requirements of the federal Fair Housing Act

(FHA). The FHJC investigation, funded by the U.S. Department of Housing and Urban

Development (HUD), found non-compliance with the design and construction provisions of the

FHA. The testing identified barriers which posed significant challenges to people with disabilities

who use wheelchairs. The FHJC forwarded the results of its testing, including information about

Avalon Chrystie Place apartments, to the United States Attorney’s Office for the Southern District

of New York (U.S. Attorney’s Office). In 2008, the U.S. Attorney’s Office filed a lawsuit which

alleged that developers and architects of Avalon Chrystie Place and six other Avalon Bay

Communities in New York City had failed to design and construct their buildings in compliance

with the accessibility requirements of the FHA.



Yesterday, the U.S. Attorney’s Office announced a resolution to the lawsuit. The consent

decree covers 2,557 Avalon apartment units and provides:



1). $2,045,600

to compensate victims (i.e., any person who was harmed by the lack of

accessible features, discouraged from living in the apartments because of the lack of

accessible features, who personally paid to make an apartment accessible to persons with

disabilities, or who was otherwise discriminated against on the basis of disability based on

the design and construction property and apartment flaws);



2).

a civil penalty of $90,000; and,



3).

an Accessibility Project Fund of $72,000 to increase the accessibility of apartment

kitchens

.



Altogether, the settlement is worth over $2.2 million and specifically requires that the relevant

apartments and common areas be retrofitted so people with disabilities can access, use and enjoy

these rental housing opportunities.



Fair Housing Justice Center, Inc. - 5 Hanover Square, 17th Floor, New York, NY 10004

(212) 400-8201 - Fax: (212) 400-8203 - Website: www.fairhousingjustice.org



Under the consent decree, the $2,045,600 victim fund is available to any person who was

harmed by the lack of accessible features at any of the following New York City Avalon buildings:



Avalon Chrystie Place

Avalon Bowery Place I

Avalon Bowery Place II

Avalon Riverview

Avalon Riverview North

Avalon Fort Greene

Avalon Morningside Park



Anyone who believes that he/she may be entitled to receive monetary relief from the victim

fund is encouraged to contact the:

Chief of the Civil Rights Unit

U.S. Attorney’s Office

86 Chambers Street, Third Floor

New York, NY 10007

Civil Rights Complaint Line at (212) 637-2987

TDD line: (212) 637-0039



The FHJC applauds the US Attorney’s Office for bringing this case to a successful

resolution that expands the rental housing opportunities available to people with disabilities in New

York City. Susan M. Kurien, FHJC Executive Director commented, “We are pleased that we were

able to assist the U.S. Attorney’s Office by identifying barriers that continue to restrict access to

rental housing opportunities by persons with disabilities.” Ms. Kurien added, “Since part of the

mission of the FHJC is to promote open, accessible, and inclusive communities, we will continue to

work with local, state, and federal officials to ensure that fair housing accessibility requirements are

enforced.”



The mission of the FHJC is to challenge systemic housing discrimination, promote open and

inclusive communities, and strengthen fair housing enforcement. The FHJC assists individuals who

encounter illegal housing discrimination by providing counseling on fair housing rights,

investigative assistance (including testing), and referrals to administrative agencies and cooperating

attorneys. Individuals who encounter illegal housing discrimination are encouraged to call the

FHJC at (212) 400-8201.



FOR MORE INFORMATION CONTACT:

Susan M. Kurien, Executive Director

Fair Housing Justice Center, Inc.

(212) 400-8201