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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT