Justice Department Resolves Lawsuit Alleging Disability-Based Discrimination at 38 Multifamily Housing Complexes in North Carolina

 The Justice Department announced that Mills Construction Company Inc. and several related entities have agreed to pay $275,000 to settle claims that they violated the Fair Housing Act and the Americans with Disabilities Act (ADA) by failing to build 38 multifamily housing complexes in North Carolina with required accessible features for people with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the complexes.

The settlement, which must be approved by the U.S. District Court for the Eastern District of North Carolina, requires the defendants to pay all costs related to the retrofits, $225,000 into a settlement fund to compensate individuals harmed by the inaccessible housing and a civil penalty of $50,000 to the government.

“For over 30 years, the Fair Housing Act has required that new housing complexes be accessible to individuals with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By requiring modifications to the properties, this settlement will reduce substantial barriers faced by people with disabilities in their own homes and will advance the Fair Housing Act’s promise of housing that is accessible for all.”

Under the settlement, the defendants will, among other things, replace steeply-sloped walkways so residents can reach mailboxes and entrances to the properties, remove obstacles from pedestrian pathways, install lever handles on doors and widen doorways to provide sufficient space for individuals who use wheelchairs. The complexes at issue, many of which were built with financial assistance from the federal government’s Low-Income Housing Tax Credit program, are:

1. Perry Lane Apartments, Arden, Columbus County;
2. Dunbar Place Apartments, Asheville, Buncombe County;
3. Smith Creek Apartments, Bermuda Run, Davie County;
4. Emerald Forest Apartments, Biscoe, Montgomery County;
5. Willow Oak Run Apartments, Charlotte, Mecklenburg County;
6. Soco Creek Village Apartments, Cherokee, Swain/Jackson Counties;
7. River Run Apartments, Chocowinity, Beaufort County;
8. Sampson Square Apartments, Clinton, Sampson County;
9. Long Creek Apartments, Dallas, Gaston County;
10. Long Creek II, Dallas, Gaston County;
11. Lovett Square Apartments, Durham, Durham County;
12. Savannah Place Apartments, Durham, Durham County;
13. Sherwood Park Apartments, Durham, Durham County;
14. Filbert’s Creek Apartments, Edenton, Chowan County;
15. Lakeside Apartments, Elizabeth City, Pasquotank County;
16. Enfield Pointe Apartments, Enfield, Halifax County;
17. Myrtle Place Apartments, Goldsboro, Wayne County;
18. Woodlane Street Apartments, Granite Falls, Caldwell County;
19. Kittrell Place Apartments, Greenville, Pitt County;
20. Best Village I Apartments, Kinston, Lenoir County;
21. Best Village II Apartments, Kinston, Lenoir County;
22. Forest Hill Apartments, Lexington, Davidson County;
23. Fairview Manor Apartments, Lillington, Harnett County;
24. Fairview Pointe Apartments, Lillington, Harnett County;
25. Northeast Pointe Apartments, Lumberton, Robeson County;
26. Mocksville Pointe Apartments, Mocksville, Davie County;
27. Sandy Ridge Apartments, Raeford, Hoke County;
28. Chestnut Hills Apartments, Raleigh, Wake County;
29. Hodges Creek Apartments, Raleigh, Wake County;
30. Marsh Creek Apartments, Raleigh, Wake County;
31. Milburnie Road Apartments, Raleigh, Wake County;
32. West Oaks Apartments, Raleigh, Wake County;
33. Chapel Ridge Apartments, Roanoke Rapids, Halifax County;
34. Chapel Ridge Manor Apartments, Roanoke Rapids, Halifax County;
35. Rollinwood Manor Apartments, Rocky Mount, Edgecombe County;
36. Firetower Crossing Apartments, Sanford, Lee County;
37. Sandhill Manor Apartments, Sanford, Lee County; and
38. Tabor Landing Apartments, Tabor City, Columbus County.

The Mills defendants cooperated fully with the department’s investigation. 

Individuals who believe they or someone they know may have had difficulties because of the inaccessible conditions at any of these properties should e-mail the Justice Department at fairhousing@usdoj.gov or leave a message at 1-833-591-0291, selecting option 1 for English, selecting option 4 for housing accessibility for persons with disabilities, and selecting option 3 for Mills. 

The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. This law  requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic accessible features. Enacted in 1990, the Americans with Disabilities Act requires that places of public accommodation, such as rental offices at multifamily housing complexes constructed after Jan. 26, 1993, be accessible to persons with disabilities. 

More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department at 1-833-591-0291, or submitting a report online at www.civilrights.justice.gov. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.