National Fair Housing Alliance® v. Breland Companies, LLC
On October 16, 2024, Relman Colfax, on behalf of the National Fair Housing Alliance® (NFHA), announced an agreement with Breland Companies, LLC; The Lofts at Town Madison, LLC; The Lofts at Town Madison Condominium Association, Inc.; and Old Town Investments, LLC (“Breland”) to settle allegations that they developed and operated multi-family rental housing in Northern Alabama that violates the Fair Housing Act (FHA)’s accessibility requirements. This agreement will help address barriers to accessible housing in Alabama and the settlement will serve as a motivator for other multi-family housing providers in this area to recognize they must comply with FHA and ADA accessibility requirements.
NFHA is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. In March of 2023, the Fair Housing Center Of Northern Alabama conducted an investigation of violations of the Fair Housing Act’s accessibility requirements at The Lofts at Town Madison located in Madison, Alabama.
Based on the groups’ investigations, in April of 2024, a housing discrimination complaint was filed with the U.S. Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. The investigation revealed a lack of an accessible route to an accessible primary entrance of the building, threshold issues at unit balconies impeding an accessible route throughout the unit, inaccessible environmental controls, and the lack of reinforced walls (blocking) in the walls around toilets and tubs to facilitate the installation of grab bars. The investigation also revealed potential violations of the Americans with Disabilities Act (ADA).
The CDC estimates that over 1.3 million adults in Alabama have a disability—that is 1 in 3 adults in the state. Persons with disabilities deserve to be able to access their living quarters and the comforts of their home. Accessible family-housing is a human right and protected under federal law. Through this complaint, Breland was able to take accountability and reach an agreement to resolve its issues. Breland will modify features of The Lofts at Town Madison to ensure the 21-unit building complies with the law.
According to the settlement, Breland will now:
- Install ADA-complaint thresholds at building entrances adjacent to parking lots,
- Install at least one van accessible parking space to serve each building,
- Notify tenants that Breland will cover the cost of certain interior and exterior modifications requested by tenants at the Lofts on account of their disability-related need,
- Ensure FHA-covered multi-family housing developed during the settlement term complies with the accessibility provisions of the law,
- Attend Fair Housing training, and
- Pay damages to NFHA and attorneys’ fees.
This complaint and settlement can serve as a motivator for other multi-family housing providers in this area to recognize they must comply with FHA and ADA accessibility requirements.
The Relman Colfax litigation team includes Sara Pratt and Emily Curran.
A copy of the complaint is here.