United States v. Nistler (D. Mont) (Nistler II)

On September 30, 2016, the United States filed a complaint and proposed consent order in United States v. Nistler (D. Mont) (Nistler II). The additional defendants in this complaint include: Gabriel Nistler, Sommer, Nistler, Ross W. Roylance, Patricia Roylance, Roylance & Nistler Properties, LLC,  Werner-Nistler Properties, LLC, Derek Brown, and Derek Brown Consulting, Inc. This matter stems from our previous pattern or practice/election case (Nistler I) that alleged that defendants designed and constructed an eight-unit property in Helena, Montana without required accessible features.  The complaint alleges that the defendants designed and constructed 31 additional properties in the Helena area, for a total of 64 covered units, without the required accessible features.  The proposed consent order, which is subject to court approval, requires the defendants to pay $20,000 to establish a settlement fund, as well as make substantial retrofits.  Those retrofits include replacing excessively sloped portions of sidewalks, installing properly sloped curb walkways to allow persons with disabilities to access units from sidewalks and parking areas, replacing cabinets in kitchens and toilets in bathrooms to provide sufficient room for wheelchair users, and reducing door threshold heights.  The settlement also requires the defendants to construct 16 super-accessible units in Helena Montana.