Equal Rights Center Files Accessible Design and Construction Complaints Against Properties in Washington, D.C. and Baltimore

WASHINGTON     , Feb. 5, 2025 /PRNewswire/ -- Today, the Equal Rights Center (ERC) filed two complaints alleging accessible design and construction violations at properties in Washington, D.C. and Baltimore, MD. The ERC filed a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD) against Chasen Construction LLC d/b/a Chasen Companies and CS 421 South Broadway LLC alleging Fair Housing Act (FHA) violations at The Brixton, an apartment building in Baltimore, MD. The ERC also filed a lawsuit in D.C. Superior Court against 1214 Bladensburg LLC and McWilliams Ballard, Inc., alleging unlawful discrimination in the design and construction of the Bonsai Apartments, a multi-family building in Northeast D.C. in violation of the D.C. Human Rights Act ("DCHRA") and the D.C. Consumer Protection Procedures Act ("DCCPPA"). 

The ERC is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment, and public accommodations in its home community of Greater Washington D.C. and nationwide. It is the only private fair housing organization dedicated to serving the entire Greater Washington, D.C. region and the state of Maryland. In the ERC's service area, there is an acute shortage of accessible housing for people with disabilities. ERC members have called attention to this trend and local data confirm its severity. The Metropolitan Washington Regional Fair Housing Plan identified a need for up to 300,000 accessible housing units in the Greater Washington, D.C. region, concluding that the region is "far from meeting these needs." The Baltimore region's 2020 Analysis of Impediments to Fair Housing Choice similarly identified an unmet need for 14,000 affordable, accessible housing units. These estimates assume that new construction multi-family housing complies with accessible design and construction law. The violations ERC alleges indicate the scarcity of accessible units may be even more dire than local leaders thought.

The Brixton is an apartment building with 33 residential units constructed in Baltimore, MD, in 2024. Soon after construction finished, ERC investigated the building and alleges that the building violates every one of the FHA's accessible design requirements. ERC's complaint, filed with HUD, alleges that the building features:

• An inaccessible entrance. When ERC tested the building, the elevator was inoperable, meaning all units above the first floor lacked an accessible path to the building's entrance, in violation of FHA regulations.
• Inaccessible common use areas. The Brixton's rooftop deck is only accessible via the elevator, which was inoperable when ERC tested the building. Access to the deck is further impeded by a ten-inch threshold, which would prevent a person using a wheelchair from entering.
• Unusable interior doors. ERC observed multiple bedroom and bathroom doors too narrow for a person using a wheelchair to pass through.
• Inaccessible routes into and through units. Thresholds at units' front doors and patio doors were too high, and would prevent a person using a wheelchair from entering the unit and accessing the patio.
• Inaccessible environmental controls. Temperature control devices were too high off the ground for a person using a wheelchair to reach and operate.
• No reinforced walls for grab bars. FHA regulations require bathroom walls to be reinforced so tenants can install grab bars, which help people with disabilities use the toilet and tub. The Brixton's units' bathroom walls were not reinforced.
• Unusable kitchens. The Brixton's kitchen layouts lacked appropriate space for a person using a wheelchair to maneuver through the space and use the appliances.
• Unusable bathrooms. The Brixton's bathrooms lacked appropriate space for a person using a wheelchair to maneuver and use the toilet.

Bonsai Apartments is a 41-unit apartment building constructed in Washington, D.C. in 2024. ERC also investigated Bonsai Apartments in 2024, and ERC's complaint, filed in D.C. Superior Court, alleges the following:

• Bedroom and bathroom doors too narrow for a person using a wheelchair to pass through;
• Hallways too narrow for a person using a wheelchair to maneuver through;
• Bathrooms lacking sufficient space for a person using a wheelchair to maneuver and use the toilet; and,
• Common areas that a person using a wheelchair would not be able to access, including a rooftop deck rendered inaccessible by a large step up.

According to ERC's complaints, the alleged violations deny people with disabilities full and equal access to and use of the two properties.

ERC Executive Director Kate Scott comments, "People with disabilities face an extreme shortage of accessible housing options. Developers who fail to comply with accessible design and construction requirements contribute to that shortage, making it profoundly difficult for people with disabilities to find homes."

Mirela Missova, with the Washington Lawyers' Committee for Civil Rights and Urban Affairs, and Matthew Handley, with Handley Farah & Anderson, are two of the counsel representing ERC in these matters. Mirela Missova commented, "These design and construction requirements have been on the books for decades. It's obscene that developers continue to shirk their responsibility to provide accessible housing, and I'm hopeful these actions will bring them into compliance." Matthew Handley added, "Safe and affordable housing is of little use to many of our most vulnerable area-residents if such housing is inaccessible to the disability community. The goal of these actions is to make housing in the D.C. area accessible to all."  

Both The Brixton and Bonsai Apartments qualify as "covered multifamily buildings" under relevant fair housing laws. The ERC is represented in both cases by Handley Farah and Anderson PLLC, Crowell & Moring LLP, and the Washington Lawyers' Committee for Civil Rights and Urban Affairs.

The complaint against The Brixton is linked here.

The complaint against Bonsai Apartments is linked here.

CONTACT:
Kate Scott
Executive Director, Equal Rights Center
[email protected], 202-370-3220

ABOUT THE EQUAL RIGHTS CENTER: The ERC is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment and public accommodations in its home community of Greater Washington D.C. and nationwide. The ERC's core strategy for identifying unlawful and unfair discrimination is civil rights testing. When the ERC identifies discrimination, it seeks to eliminate it through the use of testing data to educate the public and business community, support policy advocacy, conduct compliance testing and training, and, if necessary, take enforcement action. For more information, please visit www.equalrightscenter.org.

ABOUT HANDLEY FARAH & ANDERSON: Handley Farah & Anderson are lawyers who seek to improve the world. Based in Washington, D.C., they fight for: workers deprived of wages, consumers deceived about products, tenants denied access to housing, farmers mistreated by processors, parents deprived of adequate parental leave, investors who were defrauded, small businesses harmed by antitrust violations, persons with disabilities denied access, whistleblowers who uncover fraud, and women and communities of color subject to discrimination.

ABOUT CROWELL & MORING LLP: Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity and inclusion.

ABOUT THE WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS: The Washington Lawyers' Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers' Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.

SOURCE Equal Rights Center