ILNews

Housing group sues Buckingham over apartment accessibility

Back to TopCommentsE-mailPrintBookmark and Share

A not-for-profit fair housing group is suing Indianapolis-based Buckingham Cos., claiming the apartment developer has ignored government rules requiring accommodations for people with physical disabilities.

The Washington, D.C.-based National Fair Housing Alliance and two of its member groups, including the Fair Housing Center of Central Indiana, allege in a lawsuit filed Friday that four of Buckingham’s properties violate Fair Housing Act accessibility requirements.

The apartment complexes listed in the suit: Providence at Old Meridian in Carmel; The Reserve at Williams Glen in Zionsville; Champion Farms Apartments at Springhurst in Louisville; and the Apartments at Grand Prairie in Peoria, Ill.

"We have not had the opportunity to thoroughly review the complaint," Buckingham Tuesday said in a prepared statement. "Compliance with federal, state and local law has always been and remains a priority."

The suit claims Buckingham and its affiliated companies have built apartment complexes since 2001 with unfriendly features for people with disabilities, including access blocked by parked cars, insufficient floor space to accommodate wheelchairs, doors that are too narrow and thermostat units placed out of reach.

“These blatant violations, and many others, effectively communicate that people with disabilities are not welcome at [Buckingham] properties,” the suit claims.

At issue is a 1988 law that requires apartment buildings with more than four units built for occupancy after March 1991 to meet certain requirements. Ground-floor units and those served by elevators must have accessible routes into and out of apartments, doors wide enough to accommodate wheelchairs, ample space to maneuver a wheelchair in bathrooms and kitchens, and light switches and thermostat controls within reach of a person in a wheelchair.

The National Fair Housing Alliance issued a news release Tuesday announcing its suit against Buckingham.

“It has been more than 20 years since the effective date of the Fair Housing Act’s accessibility requirements, and builders are continuing to build apartments that effectively bar people with disabilities from the premises,” said Morgan Williams, the alliance’s director of enforcement and investigations, in the release. “It’s unfortunate to see the violations we do when developers now have clear and straightforward federal standards to follow to ensure that properties are accessible for everyone.”

The lawsuit is part of a nationwide crackdown on apartment developers who fail to follow federal guidelines for accessibility.

In October, S.C. Bodner Co., another Indianapolis-based apartment developer, settled a similar suit filed against it by the Fair Housing Alliance in August 2010.

And last month, the organization reached a settlement with HHHunt Corp., in which the Virginia-based firm agreed to renovate more than 1,200 units at nine complexes to make them accessible.

The alliance’s suit against Buckingham, filed in a U.S. District Court in Indianapolis, is asking the court to find the company in violation of the law, order it to stop renting units until it brings complexes into compliance, to survey each of Buckingham’s properties to assess compliance, and to award compensatory and punitive damages.

Buckingham also is developing CityWay, the $155 million apartment, retail, office and hotel project at South and Delaware streets in downtown Indianapolis.

The 100 units included in the first phase are fully occupied. Three more residential buildings with a total of 150 units are scheduled for completion in the spring of 2013.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT