National Fair Housing Alliance reaches landmark agreement with builder to increase accessible housing for people with disabilities

From PR Newswire:

WASHINGTON -- Jan. 13, the National Fair Housing Alliance (NFHA) and its member fair housing organizations in Atlanta, Ga., Melbourne, Fla., and Napa and Marin, Calif., announced a landmark agreement with the A.G. Spanos Companies to increase housing accessibility for people with disabilities. Under the agreement, the nation's fifth largest builder of residential real estate will retrofit properties in Arizona, California, Colorado, Georgia, Florida, Kansas, Missouri, Nevada, New York, North Carolina, and Texas at an estimated cost of $7.4 million.

The agreement initiates a productive partnership between the Spanos Companies, NFHA, and its member fair housing agencies to make apartments accessible to individuals who use wheelchairs and people with limited mobility. It amicably resolves a lawsuit filed by NFHA and its members against the Spanos Companies under the federal Fair Housing Act's accessibility requirements, and covers 123 properties built since March 1991. The agreement also establishes a $4.2 million national fund to provide retrofitting grants to people with disabilities across the country.

"At our very first meeting, Michael Spanos, Executive Vice President, A.G. Spanos Companies, made it clear that he wanted to be in compliance with the Fair Housing Act," said Shanna L. Smith, President and CEO of NFHA. "Indeed, the wide-ranging relief described in this agreement is a testament to Mr. Spanos's commitment not only to comply with the Fair Housing Act but to provide comprehensive remedies guaranteed to increase the availability of accessible housing to thousands of people across the country, whether they live in Spanos-built properties or not."

The Fair Housing Act, as amended in 1988, has required since 1991 that builders, developers and architects design and construct multi-family buildings so that both apartments and common areas such as lobbies, community rooms and recreational areas are accessible to the growing number of Americans with disabilities.

During 2006, NFHA and its members examined Spanos Companies apartment units in California, Florida, and Georgia. In June 2007, NFHA, Metro Fair Housing Services of Atlanta, Ga., The Fair Housing Continuum of Melbourne, Fla., Fair Housing of Marin, Calif., and Fair Housing of Napa Valley, Calif., filed suit in federal district court in San Francisco. Michael Allen, Stephen Dane and Tom Keary of Relman & Dane, PLLC in Washington, D.C., represented the plaintiffs.

The agreement provides for the following:

Retrofit Requirements: The agreement calls for renovations in 82 buildings comprising approximately 12,300 units to make them accessible for people with disabilities. The retrofits will be completed within 36 months.

National Accessibility Fund: Another 41 buildings could not be retrofitted because of structural or topographical complications. To compensate for the lost housing opportunities for people with disabilities, Spanos generously agreed to establish the NFHA Accessibility Fund, to which the company will contribute $4.2 million over five years. NFHA will use the Fund to make grants available to homeowners and renters who require modifications or other assistance in making their homes accessible. NFHA will work with local and national organizations to secure matching funds and donated labor to be able to provide grants to the maximum number of people possible nationwide.

Local Accessibility Funds: Spanos will contribute $750,000 over three years to be used by the five plaintiffs to establish local retrofit funds. Each fair housing center will establish a program to provide grants, directly or through support organizations, to people with disabilities. In addition to the national fund, NFHA will operate a local fund for Washington, D.C., residents.

Building Accessible Housing Coalition: The agreement provides $40,000 to support the creation of an accessibility coalition to be co-chaired by NFHA and Metro Fair Housing Services in Atlanta, Ga. The coalition, including builders, architects, social services providers, medical professionals, city/county planners, fair housing practitioners, and disability advocates, will identify new construction designs and modification needs to help increase the supply of accessible housing nationwide. A report with recommendations will be released by the coalition within 18 months.

National Media Campaign: Spanos generously agreed to support NFHA's A Richer Life multi-media campaign with a $100,000 contribution. NFHA created the first national media campaign to promote inclusive communities as a proactive step to encourage neighbors to welcome people who are different from themselves because of their race, color, religion, national origin, disability, or other personal characteristic. www.aricherlife.org

Damages and Attorney Fees: The agreement also includes $950,000 in compensatory damages to the plaintiffs and $1.325 million in attorneys' fees and litigation costs. The agreement will be monitored over a five year period.

For a copy of the stipulated judgment, which includes a list of properties affected, please visit http://www.nationalfairhousing.org/.