Developer Sued Over Fair Housing Criteria, Says It’s a Matter of Local Building Code
Developer Sued Over Fair Housing Criteria, Says It’s a Matter of Local Building Code
Published: August 20, 2008
By Erika Schnitzer, Associate Editor
New York--The Department of Justice (DOJ) has filed a lawsuit against the owners and developers of Avalon Chrystie Place (pictured), a 361-unit apartment community located at 229 Chrystie St. in New York, alleging that they have failed to provide sufficient access to disabled people.
Constructed for first occupancy after March 31, 1991, the development is subject to the updated 1991 Fair Housing Act’s requirements. The DOJ claims that the defendants—AvalonBay Communities, CVP I LLC, Downtown Manhattan Residential LLC, Chrystie Venture Partners LLC and SLCE Architects LLP—-failed to design Avalon Chrystie Place so that its public spaces are readily accessible by persons with disabilities.
The complaint states that the property does not provide “an accessible route into and through the dwelling, reinforcements in bathroom walls to allow later installation of grab bars and usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about the space.”
In response to the lawsuit, Fred Harris, senior vice president of AvalonBay, issued a statement, saying, “AvalonBay is committed to building apartment communities that are comfortable and accessible to all, including persons with disabilities. The action filed this week is fundamentally a construction and building codes case and not a case about discrimination against any specified individuals.”
Harris also says, “We currently provide housing to numerous residents with disabilities who enjoy our communities, including residents at Avalon Chrystie Place. This apartment community was built to comply with New York City’s Local Law 58, which is a city building code that governs accessibility. Compliance with Local Law 58 has long been understood to satisfy the accessibility requirements of both federal and local law, and it has been relied upon in the construction of tens of thousands of apartments in New York City.”