03.29.2022

Relman Colfax, along with co-counsel CNY Fair Housing, Inc., filed a federal lawsuit against Clover Construction Management, Inc. and related entities that develop and own Clover senior living properties across New York, Ohio, Pennsylvania, and Indiana, for failure to design and construct housing that is accessible to persons with disabilities, in violation of fair housing laws.

This lawsuit, filed in the U.S. District Court for the Northern District of New York, was brought on behalf of seven fair housing organizations: CNY Fair Housing, Housing Opportunities Made Equal of Buffalo, Fair Housing Center for Rights &Research of Cleveland, The Fair Housing Center of Toledo, Housing Opportunities Made Equal of Greater Cincinnati, Fair Housing Center of Central Indiana, and the Fair Housing Partnership of Greater Pittsburgh.

The complaint alleges that plaintiffs uncovered widespread and flagrant violations of the federal Fair Housing Act’s accessibility requirements at thirty-eight properties developed or owned by defendants, all of which are advertised as “Senior Apartment Communities” for individuals over the age of 55 and as “fully handicap accessible.” The violations include inaccessible parking spaces, inaccessible mailboxes, inaccessible bathrooms, and inaccessible routes within units and to common areas, which pose safety hazards and have the effect of limiting housing opportunities for people with disabilities. The harmful effects of these violations are exacerbated because defendants target their properties at seniors, an age group in which mobility-limiting disabilities are more common.  

This is the second lawsuit that Relman Colfax has filed relating to disability discrimination occurring at Clover senior living properties. The first lawsuit alleged illegal denials of reasonable accommodations requested by residents with disabilities.   

The Relman Colfax case team includes Sara Pratt, Reed Colfax, and Soohyun Choi with paralegal assistance from Brianna Terrell, Reed Canaan, and Margaret Moran. The Relman Colfax case team is co-counseling with CNY Fair Housing, Inc.

A copy of the complaint is available here.

Jump to Page