No matter the type of housing your company or property specializes in, each one has to ensure compliance with applicable accessibility standards. This goes past ramps and parking; in fact, the Fair Housing Act includes an entire accessibility code that must be followed.
What happens if violations of these accessibility requirements are found? How can your property be prepared? Let’s review a case where a lack of compliance resulted in costly consequences and what you can learn from it.
United States v. Artimus Construction, Inc. (S.D.N.Y.)
The Blueprint for Violations
Let’s review the case details to fully understand the penalties laid against this company. The properties involved are buildings located in Manhattan with eight and twelve stories, respectively. They were designed and constructed after March 1991, making them subject to the Fair Housing Act Accessibility Guidelines.
The complaint alleged that multiple construction requirements under the Fair Housing Act Accessibility Guidelines were not met by the Defendant developer, including the height of thresholds, doorway width, kitchen maneuvering space, the height of mailboxes, etc.
This case was ultimately resolved through settlement, as accessibility cases often are, which left the Defendant responsible for retrofitting common areas of the affected properties and hiring a specialist to inspect all other properties it had constructed to ensure compliance. The settlement agreement also required the Defendant to set aside a sum of money to compensate any residents of these properties who were impacted by the lack of accessibility.
How to Avoid Costly Consequences
To sum up the result of this case, not applying the accessibility guidelines from the start can be costly and widespread. Anyone involved in the design and construction of a property can be held liable for accessibility violations, including the property owner. Whether a case results in a judgment and damages or a settlement agreement, it will inevitably have a significant impact on the operation of the property. Completing unit renovations or common area retrofits impacts not only your day-to-day property management processes but also your staff and their timelines for completing tasks. Remediation will always create a temporary nuisance, impacting your residents’ living experience.
So, how can other property management companies or property owners avoid such costly consequences? It is highly recommended that you consult with a specialist throughout the entire design and construction process. From permits to construction, you want to ensure that everything is done correctly the first time and is in accordance with the guidelines.
What If I Didn’t Develop My Property?
How do the Fair Housing Act Accessibility requirements apply to you and your property as a subsequent owner? In other words, you had no involvement with the design and/or construction of the property. The statute states that if the property was constructed for first occupancy after March 1991, any party involved with the design and construction of the property could be held responsible for any violations found down the road. However, subsequent owners should still be prepared. If non-compliance is found in the property you purchased, any resulting remediation of that property will still affect the current owner and management company due to the disruption from construction. Subsequent owners should generally be aware of what compliance issues exist when they purchase an existing property, and may find that it is worth the cost of making corrections.
This case highlights the need for proactivity in this industry. If your company is developing a new property, take the time to budget for an accessibility specialist. Ensure compliance the first time around. And for new owners of pre-existing properties, be prepared to handle violations you may not necessarily be responsible for; don’t be caught off guard. Review, oversight, and knowledge of accessibility guidelines can help your property stay fair housing compliant.
