The U.S. Department of Housing and Urban Development (HUD) has charged the architectural firm, the general contractor, and the owners for failing to design and construct Quantum Metrocenter Condominiums (“QMC”) in San Juan, Puerto Rico, in accordance with the accessibility requirements of the Fair Housing Act (“Act”) based upon a complaint started by HUD. HUD has also charged some of them with failing to approve a reasonable accommodation request made by two residents due to the inaccessible design and construction features of QMC. Read the Charge. The Act requires multifamily housing built after March 1991 to have accessible features for people with disabilities. The Act also prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit homeowners with disabilities an equal opportunity to use and enjoy their housing. HUD’s Charge of Discrimination alleges that the charged failed to include accessible building entrances on accessible routes, accessible and usable public and common use areas, usable doors in units, accessible routes in units, accessible thermostats, reinforced walls for grab bars in bathrooms, and usable kitchens and bathrooms for persons with disabilities, especially those in wheelchairs, in the 80-residential unit two-tower buildings. The Charge also alleges they failed to approve a reasonable accommodation request for an accessible parking space, which would have allowed persons with disabilities to have better use of their units and the common area features of QMC, even while continuing to have to endure other inaccessible design and construction features. A US Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination; payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. To assist residential unit owners and professionals, HUD began its Fair Housing Accessibility FIRST (FIRST) initiative to promote compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. Housing providers can learn more about the FIRST program here. Anyone who believes they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing providers and others can learn more about their responsibility to provide reasonable accommodations for individuals with disabilities here and about accessibility requirements for multifamily housing here. Additional information is available at www.hud.gov/fairhousing. ***** |
