The Ability Center of Greater Toledo v. Moline Builders, Inc. (N.D. Ohio)

On May 1, 2020, the United States filed a statement of interest in The Ability Center of Greater Toledo v. Moline Builders, Inc. (N.D. Ohio). This is a design and construct case in which defendants have moved for summary judgment, arguing that their condo development in which the street facing (front) doors to many units can only be accessed by going up one or more steps complies with the Fair Housing Act because there is an alternative accessible route through the attached garage. The statement of interest argues, consistent with the position the Division have taken in previous enforcement actions, that under the plain language of the Fair Housing Act, the route to the street facing doors is part of the public and common use areas and therefore must be accessible.