Fair Housing / Lending News

Retrofitting housing units to comply with accessibility requirements under the FHA for persons with disabilities is expensive. A.G. Spanos Companies, the nation's fifth-largest housing developer, understands this fact quite well after settling for an estimated $7.4 million for non-compliance with FHA building standards. According to the press release, "Under the agreement, the nation’s fifth largest builder of residential real estate will retrofit properties in Arizona, California, Colorado, Georgia, Florida, Kansas, Missouri, Nevada, New York, North Carolina, and Texas at an estimated cost of $7.4 million." The FHA provides that since 1991 new construction of multifamily dwellings with four or more units be required to have accessible ground floor units where there is no elevator and accessibility for all units in buildings with an elevator. This is true for both public and private housing except in rare instances where steep terrain makes accessibility standards impra...

Boston Housing Authority v. Bridgewaters , 2009 WL 26765 (Mass.) Defendant was a mentally disabled man living with his brother in an apartment under the Boston Housing authority. He was not on his medication for manic depression and was transitioning between doctors when he assaulted his brother. The housing authority brought eviction proceedings. BHA got judgment for possession of the apartment. Court vacates and remands. Under 3604(f)(3)(B) discrimination includes "a refusal to make reasonable accommodations in rules, policies, practices, or services." The court found that the Defendant made a request when he expressed a desire to continue his tenancy and that there were no "magic words" required in making this request. Further, the BHA had to accept that his disability caused the violence if they were unable to prove otherwise.