US Government Sues Developer over Disabled Access

The Justice Department has filed a federal suit against Avalon Bay Communities, one of the leading apartment developers in the US, for failing to abide by federal housing regulations.

By: Ryan Hartley

The Justice Department has filed a federal suit against Avalon Bay Communities, one of the leading apartment developers in the US, for failing to abide by federal housing regulations. The lawsuit charges that Avalon Bay discriminates against the disabled by failing to provide them with ready access at their 361 unit building on the Lower East Side. The US Attorney's Office for the Southern District of New York has dubbed the action, “the government's first lawsuit in Manhattan alleging violations of the Fair Housing Act in the design and construction of multifamily housing.”

Avalon Chrystie Place, located between East Houston and Stanton Streets, was built in 2005, at a cost of nearly $150 million. It contains both apartment units and a Whole Foods market on the ground floor. The complaint against the community alleges that the developer failed to provide disabled access to common areas, as well as providing proper wall structure that would allow for the installation of assist bars for showers, tubs, and toilets. The suit names several subsidiaries, as well, including SLCE Architects, based in the city. It seeks to prevent the developer from “designing or constructing multifamily housing in the future that does not contain the accessibility features required by federal law.” The suit also seeks monetary damages for residents, as well as civil damages.

Fred Harris, senior vice president of AvalonBay said, “Contrary to the Department of Justice allegations, Avalon Chrystie Place was designed and constructed, and is operated, with a view to full compliance with all accessibility codes and laws.” He said that the development complies with Law 58, which is understood to satisfy both federal and state building requirements.