FOR IMMEDIATE RELEASE CR WEDNESDAY, MARCH 6, 1996 (202) 616-2765 TDD (202) 514-1888 JUSTICE DEPARTMENT CLAIMS JOLIET, ILLINOIS CONDOMINIUM WAS NOT BUILT TO PROVIDE ACCESS FOR PEOPLE WITH DISABILITIES WASHINGTON, D.C. -- In its first suit against an inaccess- ible condominium in the midwest, the Justice Department today sued the builders and architect of an Illinois complex alleging it was built without access for people with disabilities. The Department sued after a woman using a wheelchair complained she could not find any accessible units there. The suit, filed in U.S. District Court in Chicago, alleged that the Golfview Estates in Joliet was not designed or built to provide access, in violation of the Fair Housing Act. "The law is clear, and so is the violation. It's better to build it right from the start than to have to fix it later," said Assistant Attorney General for Civil Rights Deval L. Patrick. Under the law, which Congress amended in 1988, multi-family housing complexes with four or more units built for first occupancy after March 1991 must include certain features designed to make the units accessible to people with disabilities. "This case represents the first allegation of 'pattern or practice' discrimination under the accessibility provisions of the Fair Housing Act," said James B. Burns, U.S. Attorney in Chicago. "We are pleased to take the lead not only in seeking redress in this case, but also in assuring that builders and designers provide housing that meets accessibility requirements." Today's complaint alleged that the 28 ground floor units in the partially-completed 28-building complex had doors that were too narrow for wheelchairs, lighting and heating controls that were not reachable, and bathrooms without reinforcement so that grab bars could be installed for people using wheelchairs. The Justice Department learned about the condominium after Pam Heavens, a woman who uses a wheelchair, sought to purchase a unit there. Heavens, who complained that she could not maneuver around the units or enter the bathroom or bedroom, contacted the Joint Enforcement for Disability Access (JEDA) Project at Access Living of Metropolitan Chicago, a center for independent living, which last April notified the Department. "The law exists to prohibit discrimination against people with disabilities," added Patrick. "Building a door that is too narrow is like slamming it shut on people with disabilities." Burns noted that the Fair Housing Act covers all units in a multi-family building with an elevator and all ground floor units and public areas in buildings without elevators--such as Golfview. In those units all doors must be wide enough for wheelchairs, there must be accessible routes throughout, light switches, electrical outlets and thermostats must be reachable, 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. Since the law went into effect, the Department of Housing and Urban Development (HUD) has released guidelines and offered technical assistance to builders and developers about the law. "For six years we have reached out to builders to educate them about the law. Now it's time for them to comply," added Patrick. Today's suit seeks a court order requiring the builder to construct the remaining unfinished portions of the complex so that the ground units are accessible, seeking unspecified damages for anyone who may have been injured by the discriminatory conduct, and requiring the defendants to pay civil penalties, which under the law could amount to up to $50,000. Heavens now lives in one of the ground units, which the defendants eventually agreed to make accessible for her. Last month the Justice Department sued the Days Inn hotel chain for violating the Americans with Disabilities Act (ADA) because none of the newly built hotels that the Department investigated were built in compliance with the law. One of the individual hotels sued is situated in Champaign. The ADA, which applies to public accommodations, such as hotels, contains provisions requiring that facilities be built to provide access. Today's suit names Golfview Estates, Inc., the corporation that developed and sold the units; Charles S. Crescenzo and Daniel Saenz, the principal officers and builders of Golfview; and, Kenneth Bartels and Alphonse G. Guajardo, who allegedly designed the complex. "If they all share the blame for the problem, they must share the burden of the solution," added Burns. # # # 96-091