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JUSTICE DEPARTMENT SUES CHICAGO DEVELOPER

WASHINGTON, D.C. -- A North Aurora, Illinois developer was sued today for failing to provide access for people with disabilities, in violation of the Fair Housing Act, the Justice Department announced.

The lawsuit, filed in U.S. District Court in Chicago, alleges that the Bigelow Group did not design or construct a 286-unit residential complex, Summer Wind Condominiums, in compliance with federal law.

The requirements contained in the Fair Housing Act, which Congress amended in 1988, apply to all units built for first occupancy after March 1991 that are located in a multi-family building with an elevator, and located on the ground floor in buildings without elevators. In those covered units, all doors must be wide enough for wheelchairs, there must be accessible routes throughout the unit, light switches, electrical outlets and thermostats must be reachable from wheelchairs, bathroom walls must be reinforced so grab bars can be installed, and there must be sufficient space in kitchens and bathrooms for people in wheelchairs to maneuver.

"Although the accessibility requirements of the Act are modest, failure to follow these requirements has a significant impact on those persons with disabilities who are seeking housing," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights.

The complaint alleges that The Bigelow Group violated the Fair Housing Act by not including certain features which would make the common areas and the individual units accessible. Specifically, there are non-compliant ramps and excessive slopes in the public areas, as well as steps leading to some of the units, some doors are too narrow for the passage of wheelchairs, and the kitchens and bathrooms are not readily usable by persons who use wheelchairs.

The investigation consisted of sending out disabled and non-disabled people who posed as potential buyers or renters to inspect properties to see if they met the federal accessibility requirements. The tests were performed in partnership with the John Marshall Law School Fair Housing Clinic and Access Living, a Chicago-based disability rights organization.

Despite the previous lawsuits against various developers and builders in Chicago and across the United States for violations of the Fair Housing Act, housing developments continue to be in violation of the law. To ensure that architects, developers, and builders understand the Fair Housing Act, the Department of Justice and the Department of Housing and Urban Development have provided necessary information and technical guidance to these businesses, hoping to increase compliance with the Fair Housing Act.

"The law is clear, and so is the violation. We hope that our education and outreach efforts will encourage all those involved in the construction of multifamily homes to be aware of and to comply with the Fair Housing Act," said Lee. "Where federal law is not observed, we will continue to promote accessibility through the courts."

The case filed today is the twenty-second case filed as a result of a Department of Justice investigation of Chicago-area builders.

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