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Local Agencies Attack Builder’s Negligence, Take to Federal Court

By Fletcher Word
Sojourner’s Truth Editor

On Tuesday, May 15, a lawsuit was filed in the U.S. District Court by The Fair Housing Center, The Ability Center and Brooklyn Park resident Jenny Tillman alleging that Brooklynn Park Villas, a 55 + housing community in Toledo, was falsely marketed as accessible but, upon completion, contains glaring violations of the Fair Housing Act. The suit accuses defendants Moline Builders, Inc., JLJ Development, Inc., Larry Fast and James Moline of discriminating against persons with disabilities by failing to comply with federal design and construction regulations for accessible housing.

The numerous violations n the 92-unit Brooklynn Park Villas compound are said to have been committed after the builders were “fully informed of their lack of compliance.” The plaintiffs are represented in the action by in-house counsel Katherine Hunt Thomas from The Ability Center, Christina Rodriguez from The Fair Housing Center and Stephen Dane, Jia Cobb and Sara Pratt from Relman, Dane and Colfax, PLLC, a civil rights law firm based in Washington, D.C. with offices in Ohio and New Mexico.

Moline Builders advertises the Villas as “handicap accessible, including no step entries” along with a host of features that make the interior accessible such as wide doorways to accommodate wheelchairs.

According to information provided by The Fair Housing Center: “The Fair Housing Act requires builders, owners and anyone involved in the design and construction of multi-family housing to ensure properties do not contain architectural barriers that impede access or exclude individuals with disabilities from residing in and visiting the properties and this requirement applies to all newly constructed multi-family housing with four or more units built after 1991.”
 


Resident Jenny Tillman stands at entrance of her home just over the step which makes entrance inaccessible for some disabled individuals


Kitchen stove must be centered, microwave too high


The proper entrance of a nearby residence

Resident Tillman, who is approaching her 60th birthday, suffers from multiple sclerosis, and bought her unit “thinking about my future,” she said. However, when she moved in, she found a step at her front door that prevents her from entering and exiting from the main entrance and she has injured herself bumping into objects in her bathroom because the area was designed without sufficient space to be navigated by a person with a disability.

A tour of Tillman’s home conducted by Rodriguez of The Fair Housing Center pointed out a number of deficiencies that would affect the disabled and are violations of the Fair Housing Act such as: an inaccessible pantry, a thermostat placed in too high a position, an inaccessible garage, inaccessible stove and microwave placements, among other conditions.

“After moving in, I asked the builder many times to make changes, but I was told ‘you bought it this way,’” said Tillman. “The bottom line is that I really did buy this place thinking ahead of what was the future for me.”

Tillman’s difficulties are part of a larger problem, noted Thomas. “[The residents] were promised accessible housing that will enable them to age in place,” she said. “Now they are in homes with inaccessible kitchens, inaccessible bathrooms, inaccessible entrances.”

The Fair Housing Center had voiced its concerns about the inaccessibility of the units at Brooklyn Park Villas two years ago and tried to establish “a cooperative relationship with Moline Builders,” said Michael Marsh, director of the Center. “He ignored us. The fact that the builders knew about the problem and did nothing to resolve it or prevent it from happening again shows their reckless disregard for creating truly inclusive housing that is accessible to all. They could have prevented all that disaster and that is a violation of people’s rights.”

Marsh noted that in recent years, as baby boomers age, the number of complaints of violations against the Fair Housing Act by the disabled had overtaken the number of violations based upon racial discrimination.

 “This is an egregious violation of the Fair Housing Act,” Marsh added. “How dare you do that to these people. Take their money and promise them something and don’t deliver.”

When reached for comment, James Moline told The Truth he had been advised not to comment.

Plaintiffs are demanding a trial by jury, compensatory damages for injuries and losses resulting from discriminatory practice and punitive damages against the defendants for malicious and recklessly indifferent conduct and to deter similar conduct in the future.

   
   


Copyright © 2018 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:11 -0700.


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