Image via WikipediaWednesday, 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
