United States v. Epcon Communities, LLC (S.D. Ohio)
On March 25, 2020, the court entered a consent order resolving United States v. Epcon Communities, Inc. and Epcon Communities Franchising, Inc. (S.D. Ohio). The complaint, filed on October 17, 2019, alleged that the defendants failed to design and construct thirty-two (32) condominium properties in Ohio in a manner that complies with the accessibility requirements of the Fair Housing Act. Pursuant to the consent order, Epcon Communities, Inc. and Epcon Communities Franchising, Inc. must pay up to $2,200,000 to correct inaccessible features in the common areas of the properties and within the individual units. The corrections that defendants must make to the common areas include: removing steps; replacing steeply-sloped walkways; adding accessible routes from units to amenities such as the clubhouse and swimming pool; and providing accessible parking. The defendants must also offer to pay current owners to correct certain inaccessible features within condominium units, including those found in bathrooms and kitchens. Additionally, they must establish a $300,000 settlement fund for people who suffered harm due to the lack of accessible features at the 32 Ohio properties, pay a civil penalty of $51,303 to the United States, and ensure that any future housing they design or construct complies with the FHA. The defendants also must pay $40,000 in damages to the Fair Housing Advocates Association, which filed the discrimination complaint with HUD that initiated this case.
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