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Case

United States v. Miller-Valentine Operations (S.D. Ohio)

Overview

On August 27, 2020, the court entered a consent order in United States v. Miller-Valentine Operations, Inc. (S.D. Ohio).  The complaint, filed on May 9, 2019, alleged that Ohio-based Miller-Valentine Operations and affiliated owners, developers, and builders failed to design and construct 82 multifamily housing developments in accordance with the accessibility requirements of the Fair Housing Act and Americans with Disabilities Act.  The 82 developments are located in 13 different states and contain more than 3,000 FHA-covered units.  Many of the properties were built using Low-Income Housing Tax Credits (“LIHTC”) and/or funds from the HOME Partnership Investment Program or the USDA.  The complaint alleged that the defendants engaged in a pattern or practice of designing and constructing multifamily housing developments or denying rights to a group of persons in violation of the FHA and the ADA.  The principal violations at the properties include, among other things, a lack of accessible routes to many covered units and public and common use areas due to steps, non-existent pedestrian routes, and steep running and cross slopes; a lack of accessible routes into and through the dwelling units due to high thresholds and narrow doors; and adaptive design violations in the bathrooms and kitchens.  The consent order requires an injunction, fair housing training, record keeping obligations, reporting to the United States for a period of three years, a settlement fund of $400,000 to compensate victims, a civil penalty of $75,000, and retrofits to alleged non-compliant barriers on the accessible routes, in the public and common use areas, and in the covered dwelling units at the 82 properties. 

Press Release (7/28/20)
Press Release (5/9/19)


Case Open Date
Case Name
United States v. Miller-Valentine Operations (S.D. Ohio)
Topics
Civil Rights
Tags
  • Fair Housing Act
  • americans with disabilities act
  • ada
  • Standards for Accessible Design
  • design and construct
  • accessibility
  • multifamily
  • pattern or practice
  • low income houseing tax credits
  • owner
  • developer
  • FHA
  • LIHTC
  • apartment
  • 1:19-cv-00346-tsb
Industry Code(s)
  • None
Updated September 20, 2022