#United States #Washington D.C. #Equal Rights Center #accessibility housing #housing discrimination

Equal Rights Center's Stand Against Accessibility Violations

The Equal Rights Center (ERC), a prominent civil rights organization, has taken significant action by filing complaints concerning violations of accessible design and construction standards at two properties located in Washington, D.C. and Baltimore, Maryland. The complaints draw attention to the urgent need for accessible housing options for people with disabilities, a demand that remains largely unmet in these urban areas.

Nature of the Complaints

On February 5, 2025, the ERC filed a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). This complaint targets Chasen Construction LLC and CS 421 South Broadway LLC, alleging violations of the Fair Housing Act (FHA) at The Brixton, a recently constructed apartment building in Baltimore. Simultaneously, a lawsuit was initiated in D.C. Superior Court against 1214 Bladensburg LLC and McWilliams Ballard, Inc. concerning the Bonsai Apartments, a residential complex in Northeast D.C.

Findings at The Brixton

The Brixton consists of 33 residential units that were completed in 2024. Following its construction, the ERC conducted investigations that prompted concerns regarding various accessibility features:

• - Inaccessible Entry Points: Notably, the elevator was found inoperable during testing, leaving all units above the ground floor without proper access.
• - Restricted Common Areas: The rooftop deck, a shared space for residents, could only be accessed via the elevator, which was not functioning, making it off-limits to individuals using wheelchairs.
• - Narrow Doorways: Multiple doors within the units were deemed too narrow for wheelchair access.
• - Challenging Routes: High thresholds at front and patio doors hindered mobility for residents with disabilities.
• - Poor Accessibility Features: Environmental controls, such as temperature settings, were positioned too high to be usable by those in wheelchairs.
• - Inadequate Bathroom Facilities: Bathrooms lacked requisite features such as reinforced walls for grab bars, and kitchens failed to provide maneuvering space to facilitate use for individuals requiring wheelchairs.

Findings at Bonsai Apartments

Similarly, the Bonsai Apartments, which have 41 units and also completed construction in 2024, were scrutinized by the ERC. Allegations include:

• - Doors and Hallways: Both bedroom and bathroom doors, alongside hallways, were cited as being too narrow for wheelchair navigation.
• - Bathroom Accessibility: Many bathrooms in the building lacked the needed spatial provisions for safe and effective use by persons with disabilities.
• - Access to Common Areas: Common areas, including a rooftop deck, were found to be inaccessible due to a significant step that impeded access.

Context of Accessibility Needs

The ERC's complaints highlight pressing issues within the region's housing market, reaffirming their long-standing concerns regarding the deficit of accessible housing units. In the Greater Washington D.C. area alone, the Metropolitan Washington Regional Fair Housing Plan pointed to a critical shortage, estimating a need for approximately 300,000 accessible units. This situation echoes the findings reported by the Baltimore region's 2020 Analysis of Impediments, which identified a need for at least 14,000 affordable, accessible housing units.

Kate Scott, the Executive Director of the ERC, expressed deep concern regarding the pervasive issue of accessible housing. She stated, "Developers who neglect to adhere to accessibility regulations deepen the crisis, leaving many individuals with disabilities without viable housing options." The urgent implications of these shortcomings are further amplified by the fact that both The Brixton and Bonsai Apartments are classified as "covered multifamily buildings," which invoke specific legal obligations under fair housing laws.

Legal Assistance

The ERC is well-supported in these legal endeavors, receiving representation from Handley Farah Anderson, Crowell Moring, and the Washington Lawyers' Committee for Civil Rights and Urban Affairs. Attorneys involved emphasize that these design regulations have been established for decades, stressing the absurdity of contemporary non-compliance by developers in the face of existing laws.

Mirela Missova from the Washington Lawyers' Committee articulated hope that these actions would push developers into compliance, while emphasizing the broader societal need for safe, affordable, and accessible housing. Matthew Handley added that it is vital to ensure all community members, particularly the most vulnerable, have equitable housing opportunities.

As the situation unfolds, the ERC remains committed to advocating for the rights of individuals with disabilities, pushing for necessary reforms and highlighting the accessibility crisis in housing across D.C. and Baltimore.

For more detailed information on these complaints, visit ERC’s website.