Department of Justice Distributes Compensation to People Harmed by Lack of Accessible Features at Residential Rental Properties Covered in Fair Housing Act Lawsuit

      The United States Attorney’s Office for the District of North Dakota, through Jennifer Klemetsrud Puhl, acting under authority conferred by 28 U.S.C. § 515, announced today that the Department of Justice has started delivering payments to individuals harmed by the lack of accessible features at West Fargo and Grand Forks properties that were the subject of a recent federal lawsuit alleging violations of the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). Those individuals were identified through a process established in a settlement between the United States and the defendants in the case.

      The federal lawsuit, filed in March 2020 by the Department of Justice, alleged that Hampton Corporation Inc. and several other individuals and entities violated the FHA and ADA by failing to design and construct multifamily residential properties and an associated rental office so that they are accessible to people with disabilities. As part of settlement agreements resolving this lawsuit, the defendants agreed to contribute to a settlement fund totaling $120,000 for people who suffered harm due to the lack of accessible features at the properties; it is from this fund that the Department of Justice is distributing compensation to the individuals who suffered harm.

      As required by the settlement agreement, the defendants are also in the process of correcting inaccessible features in the common areas of the properties and within the individual units, including: removing steps; installing handrails on ramps; replacing steeply-sloped walkways; adding accessible routes to mailboxes and site arrival points; ensuring that obstacles do not protrude into the circulation path; installing lever handles on doors; widening doorways; retrofitting bathrooms so they are accessible for wheelchair users; and relocating outlets and controls to within a wheelchair user’s reach range. The defendants have also attended fair housing training and agreed that any future housing they design or construct will comply with the FHA.

      “The people receiving compensation as a result of this settlement were harmed by accessibility violations at these properties in profound ways,” said Assistant United States Attorney Tara Iversen. “Steps leading up to apartment building entrances forced some to use unsafe, homemade ramps to get into their homes, or rely on others to lift them and their wheelchair over a step. Too narrow doorways led some residents using walkers or wheelchairs to remove interior bathroom and bedroom doors entirely. And in addition to daily hardships, some individuals suffered real physical injury related to inaccessible features. While we applaud the defendants for their monetary contributions to the settlement fund, timely retrofits to the properties to ensure their accessibility are also critical. Those improvements already completed have positively impacted residents’ experiences at the properties. We encourage the defendants to continue to comply with the requirements of the settlement agreement so residents and their guests can safely enjoy their homes.”

      The properties included in the settlement agreement include:

• Townhomes at Charleswood, located at 1908 Burlington Drive in West Fargo, North Dakota;

• Steeples Apartments, located at 2850 and 2950 36th Avenue South in Grand Forks, North Dakota;

• South Hampton Townhomes, located at 3174, 3274 and 3374 36th Avenue South in Grand Forks, North Dakota;

• Carrington Court Townhouse Apartments, located at 3383 Primrose Court in Grand Forks, North Dakota; and

• The rental office serving Carrington Court Townhouse Apartments, South Hampton Townhomes, and Steeples Apartments, located at 3001 36th Avenue South in Grand Forks, North Dakota.

      The Justice Department, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. Among other protections, the FHA requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental office at issue in this case. The full and fair enforcement of the FHA, the ADA, and their mandates to integrate individuals with disabilities are major priorities of the United States Attorney’s Office for the District of North Dakota and the Civil Rights Division.

      More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or submit a report online at www.civilrights.justice.gov.

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