Relman Colfax, representing the National Fair Housing Alliance (NFHA) and the Tennessee Fair Housing Council (TFHC), has announced the settlement of an administrative complaint against Gross Residential of Royalton, Ohio and other entities alleging violations of the accessibility requirements of the Fair Housing Act in thirteen apartment complexes in Tennessee, North Carolina, South Carolina, and Alabama. The settlement included payment of $525,000 in damages and attorneys’ fees as well as remedial actions.
The complaint, which was filed with HUD and based on testing evidence and other investigation by the two groups, identified multiple violations of the Fair Housing Act which requires that newly constructed multifamily housing be built to be accessible to persons with disabilities.
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. TFHC provides fair housing enforcement and education across the state of Tennessee.
Based on the groups’ investigations, in February 2024, Relman Colfax filed a housing discrimination complaint with the Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity. The complaint alleged that the apartment failed to provide kitchens that were accessible to people with disabilities, did not have routes to clubhouses, pools and other amenities that were usable by people with mobility disabilities, and had clustered mailboxes that were not on an accessible route and which were out of reach of people with disabilities.
The settlement, which was approved by HUD, provides that Gross Residential will now:
- Discontinue use of the kitchen design that was challenged by the groups and comply with the design and construction requirements of the Fair Housing Act in the future and give notice of occupants with certain sink designs that they may be made accessible upon request.
- Modify the sites at thirteen properties to provide accessible routes between the apartments and the amenities at the property.
- Provide training on the design and construction requirements for the persons involving in developing or approving plans, directing and supervising construction activities and designing the plans for housing covered by the Fair Housing Act.
- Pay for an independent examination of the compliance of the property after modifications are completed at each property and provide copies of the inspector’s evaluation of the modifications to HUD.
- Adopt and publish a notice of compliance with the Fair Housing Act.
- Pay the two organizations a total of $525,000 in damages and attorneys fees.
The Relman Colfax team included Sara Pratt and Nicolas Abbott.
A copy of the Complaint is here.
A copy of the HUD Conciliation Agreement is here: