If the Universal Design is the carrot, ADA is the stick.
Mom always said, "Eat you vegetables!" It appears that someone at the apartment complex developer Archstone-Smith didn't listen to mom. Someone, somewhere is saying, "Ouch, hubris hurts!" (Retrofitting is expensive but inclusive design is free.)
WASHINGTON, D.C. (June 8, 2005) The Equal Rights Center
(ERC), the American Association of People with Disabilities (AAPD) and
the United Spinal Association along with their counsel, Cohen, Milstein,
Hausfeld, & Toll, PLLC and the Washington Lawyers Committee for Civil
Rights and Urban Affairs announced today what is by far the largest
settlement of a lawsuit challenging defects in the design and
construction of multi-family housing under the Fair Housing Act and the
Americans with Disabilities Act.
In a week where Inclusive Destination Development is getting its day in court, one can only hope that other industry players will transcend the reactive stance to ADA compliance and seriously study the evidence that demonstrates the profit to be made by including the senior market and those with disabilities and adopting a unified design response through Universal Design.
Historic Settlement In Nationwide Disability Discrimination Lawsuit
Against Developer Archstone-Smith Trust
Contact: Deborah Schwartz 301 897-8838 or 240-355-8838
WASHINGTON, D.C. (June 8, 2005) The Equal Rights Center
(ERC), the American Association of People with Disabilities (AAPD) and
the United Spinal Association along with their counsel, Cohen, Milstein,
Hausfeld, & Toll, PLLC and the Washington Lawyers Committee for Civil
Rights and Urban Affairs announced today what is by far the largest
settlement of a lawsuit challenging defects in the design and
construction of multi-family housing under the Fair Housing Act and the
Americans with Disabilities Act.
The settlement requires the survey of 71 apartment complexes
developed by Archstone-Smith Trust and located in 16 states around the
country, which contain approximately 36,000 apartment units, about 12,000
of which are covered by the settlement, and to retrofit features of the
complexes, at Archstones expense, that operated as barriers to the full
use and enjoyment of these facilities by people with disabilities.
Archstone-Smith Trust is the seventh largest developer of apartment
complexes in the United States. Although surveys of the properties have
not concluded, the cost of remediation is estimated to exceed $20
million. Archstone will also pay $1.4 million in damages and attorneys
fees and litigation expenses.
The settlement is contained in a Consent Decree, which was
approved today by Judge Andre Davis of the U.S. District Court for the
District of Maryland. The case was filed on December 20, 2004.
The lawsuit resulted from an investigation, undertaken by civil
rights testers from the Equal Rights Center, of Archstone apartment
complexes around the country. The testing found evidence that Archstone
apartment complexes had steps at entryways, doorways that were too
narrow, insufficient turning space in kitchens and bathrooms, and other
barriers that prevented persons who use wheelchairs from entering or
fully using the apartment units and facilities.
Rabbi Bruce E. Kahn, Executive Director of the Equal Rights
Center said, This is a great day for civil rights. Too often
discrimination against people with disabilities passes as not being
discrimination at all. Because access to housing is a fundamental right,
this type of discrimination must be exposed, and stopped.
Archstone-Smiths willingness to remedy past wrongs is a step in the right
direction, and we hope that others will follow suit.
Andrew J. Imparato, President & CEO of AAPD stated, "Today's
settlement represents a significant step forward for millions of disabled
Americans and seniors, including people who will need accessible housing
in the future. It sends a strong and clear message to commercial
residential developers that civil rights laws must be taken seriously."
Gerard M. Kelly, Executive Director of United Spinal said, We
applaud Archstone for acknowledging its responsibilities to people with
disabilities and we are gratified that these issues have been resolved
without further litigation. As one of the largest residential developers
in the United States, Archstones leadership in correcting accessibility
shortcomings at its properties will not only burnish its reputation in
the industry, but it will serve to alert developers nationwide that the
Fair Housing Act and the Americans with Disabilities Act will be strictly
enforced.
According to Joseph M. Sellers, a partner at Cohen, Milstein,
Hausfeld & Toll, the lead counsel in the litigation, It is regrettable
that nearly 15 years after the laws were enacted that prohibit barriers
to housing for people with disabilities, we encountered violations of the
law that could have been detected with a ruler. We commend Archstone for
agreeing so promptly and fully to eliminate these barriers that limited
access to its properties and hope that Archstone will become a leader in
the field of constructing multi-family housing that complies with federal
law.
Rod Boggs, Executive Director of the Washington Lawyers Committee
for Civil Rights and Urban Affairs, and co-counsel in the litigation
said, This case is historic both in the sheer number of apartment
complexes and apartments covered, but also in the monetary damages the
defendant will pay to correct the wrong that has been done in building
inaccessible housing.
The Consent Decree provides that alterations at the various
apartment complexes will be tailored to the deficiencies detected at each
facility. Such remedies may include removal of steps at building
entrances, widening interior doors, expansion of floor space in kitchens
and bathrooms, and relocation of switches, controls and electrical
outlets to accessible locations as well as retrofitting leasing offices,
club houses, parking lots and sidewalks in order to bring them into
compliance with federal law.
The Consent Decree also requires, for the 3-year period it is in
effect, that Archstone-Smith Trust will certify that its future
construction of apartment complexes will comply with the accessibility
requirements of the Fair Housing Act and the ADA and to educate its
personnel on the design and construction requirements of those laws.
A copy of the Consent Decree is available at www.cmht.com or
www.washlaw.org.
The specific Archstone-Smith apartment complexes covered by the
settlement agreement include:
Archstone Arrowhead Glendale, AZ
Archstone Old Town Scottsdale Scottsdale, AZ
Archstone Rio Salado Tempe, AZ
Archstone Aliso Viejo Aliso Viejo, CA
Archstone Emerald Park Dublin, CA
Archstone Hacienda Pleasanton, CA
Ironhorse Trail Dublin, CA
Archstone Las Flores Las Flores, CA
Archstone Mission Valley San Diego, CA
Archstone Mission Viejo Mission Viejo, CA
Archstone Monterey Grove San Jose, CA
Archstone Pacific View Carlsbad, CA
Archstone Pasadena Pasadena, CA
Archstone Playa Del Rey Playa Del Rey, CA
Archstone Torrey Hills San Diego, CA
Archstone Vanoni Ranch Ventura, CA
Archstone Westside Los Angeles, CA
Archstone Willow Glen San Jose, CA
Archstone Dakota Ridge Littleton, CO
Archstone Riverfront Park Denver, CO
Stonegate Broomfield, CO
Archstone Stamford Stamford, CT
Archstone Cypress Cove North Lauderdale, FL
Archstone Delray Beach Delray Beach, FL
Archstone Doral West Miami, FL
Archstone Gardens Tamarac, FL
Archstone Marina Bay Davie, FL
Archstone Miramar Lakes Miramar, FL
Archstone Promenade Orlando, FL
Residences at Miramar Lakes Miramar, FL
Archstone Rocky Creek Tampa, FL
Archstone Turtle Run Coral Springs, FL
Archstone Waterways Deerfield Beach, FL
Archstone North Point Alpharetta, GA
Archstone State Bridge Alpharetta, GA
Cameron at Barrett Creek Marietta, GA
Cameron Landing Stockbridge, GA
One Superior Place Chicago, IL
Archstone Bowie Town Center Bowie, MD
Archstone Governors Green I, II Bowie, MD
Cronins Landing Waltham, MA
Archstone Watertown Square Watertown, MA
Archstone Matthews Matthews, NC
Archstone Northcross Huntersville, NC
Archstone North Park Raleigh, NC
Archstone Olde Apex Apex, NC
Archstone Preston Morrisville, NC
Hedges Creek Tualatin, OR
Prestons Crossing Beaverton, OR
Archstone Hickory Hollow Nashville, TN
Archstone Hunters Run Austin, TX
Archstone Medical Center Houston, TX
Archstone Memorial Heights Houston, TX
Archstone Monterey Ranch Austin, TX
Cantebrea Crossing Austin, TX
The Esplanade at Hermann Museum Circle Houston, TX
Vistas at Canyon Creek Austin, TX
2201 Wilson Blvd. Arlington, VA
Ballston Place/Pollard Gardens Arlington, VA
Arlington Courthouse Place Arlington, VA
Lofts 590 Arlington, VA
Archstone Monument Park Fairfax, VA
Archstone Springfield Station Springfield, VA
Archstone Reston Landing Reston, VA
Archstone Stoneridge Apartments Ashburn, VA
Westchester at Stratford Farm Leesburg, VA
Archstone Woodland Park Herndon, VA
Archstone Worldgate Herndon, VA
Archstone Northcreek Bothell, WA
Archstone Harbour Pointe Mukilteo, WA
The Park Connecticut Washington, DC
# # #
Further Reading:
Archstone Trust/ Fair Housing
http://www.cmht.com/cases_archstonetrust.php
Consent Decree
http://www.cmht.com/pdfs/ArchstoneConsentDecree060905.pdf
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