United States v. Aqua 388 Community Association, et al. (C.D. Cal.)

On January 22, 2024, the court entered a consent decree in United States v. Aqua 388 Community Association, et al.  (C.D. Cal.), a Fair Housing Act (FHA) “election” case.  The complaint, which was filed on April 3, 2023, alleges that the managers of two neighboring high-rise condominium towers in Long Beach, California violated 42 U.S.C. § 3604(f)(2)(A) and (f)(3)(B) by refusing to provide the complainant, who has paraplegia, a reserved accessible parking space for over three years.  FirstService Residential California, LLC, Rebecca Hawkins, Christopher Harrington, and Aqua Maintenance Corp. are also named as defendants in the case.  On October 10, 2023, the court granted the United States’ motion for partial summary judgment on liability.  The consent decree requires the defendants to adopt new reasonable accommodations and reasonable modifications policies, provide fair housing training to employees working at the approximately 950 properties managed by one of the defendants, and provide a properly marked, accessible parking space to the complainant for as long as she lives at the subject property.  The case was referred to the Division after the U.S. Department of Housing and Urban Development (HUD) received a complaint, conducted an investigation, and issued a charge of discrimination.