Justice Department Resolves Lawsuit Alleging Disability-Based Discrimination at 46 Multifamily Housing Complexes in North Carolina and South Carolina

The Justice Department announced that Pendergraph Development LLC and several related entities have agreed to pay $300,000 to settle claims that they violated the Fair Housing Act and the Americans with Disabilities Act by failing to build 46 multifamily housing complexes in North Carolina and South Carolina with required accessible features for people with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the complexes.

The settlement, which must be approved by the U.S. District Court for the Eastern District of North Carolina, requires the defendants to pay all costs related to the retrofits, $275,000 into a settlement fund to compensate individuals harmed by the inaccessible housing, and a civil penalty of $25,000 to the government.

"For decades the Fair Housing Act and the Americans with Disabilities Act have required that new housing complexes be built with accessible features for people with disabilities," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "We will continue aggressively enforcing our federal civil rights laws to ensure that people with disabilities have access to the housing options of their choice."

Under the settlement, the defendants will, among other things, replace steeply-sloped walkways and install new walkways to help residents reach units, amenities, mailboxes and entrances to the properties, remove obstacles from pedestrian pathways, and widen doorways and modify bathrooms so they are accessible for individuals who use wheelchairs. The settlement also requires the defendants to receive training about the Fair Housing Act and the Americans with Disabilities Act to take steps to ensure that their future multifamily housing construction complies with these laws and to provide periodic reports to the Justice Department.

The complexes at issue, all of which were built with financial assistance from the federal government's Low-Income Housing Tax Credit program and some of which are marketed as housing for elderly persons, are:

1. Cottages at Twin Oaks, Angier, NC
2. Cottages at Brevard, Brevard, NC
3. McKinley Place, Coats, NC
4. Wilton Place, Creedmoor, NC
5. Laurel Pointe Apartments, Goldsboro, NC
6. Laurel Pointe Apartments II, Goldsboro, NC
7. Lochstone Apartments, Goldsboro, NC
8. Oxford Plantation, Goldsboro, NC
9. Sierra Gardens, Hamlet, NC
10. Signal Ridge, Hendersonville, NC
11. Franklin Ridge, High Point, NC
12. Abby Gardens, Kinston, NC
13. Andover Park, Kinston, NC
14. Cambridge Farms, Kinston, NC
15. Greenbrier Landing, Kinston, NC
16. Loris Garden, Loris, NC
17. Cleveland Ridge, Mountain, NC
18. Kings Falls Apartments, Mountain, NC
19. Hamilton Ridge Apartments, Oak City, NC
20. Wyndsor Downs, Polkton, NC
21. Oaks at Brier Creek, Raleigh, NC
22. The Meadows at Brier Creek, Raleigh, NC
23. Greenridge Apartments, Rockingham, NC
24. Whitford Place, Salem, NC
25. Lanier Pointe I, Shelby, NC
26. Lanier Pointe II, Shelby, NC
27. Glen Lake Apartments, Smithfield, NC
28. James Pointe Apartments, Statesville, NC
29. Evans Pointe I, Tabor City, NC
30. Evans Pointe II, Tabor City, NC
31. Hawthorne Court Apartments, Tarboro, NC
32. Kingston Ridge Apartments, Thomasville, NC
33. Bayleaf Plantation, Washington, NC
34. Clifton Park, Washington, NC
35. Cottages at Glendale, Wilson, NC
36. Glendale Woods, Wilson, NC
37. Morgan's Ridge I, Wilson, NC
38. Morgan's Ridge II, Wilson, NC
39. Wesley Landing, Wilson, NC
40. Manor Ridge Apartments, Wingate, NC
41. Glen Arbor Apartments, Aiken, SC
42. Port Royal, Beaufort, SC
43. Azalea Gardens Apartments, Lancaster, SC
44. Cottages at Azalea Apartments, Lancaster, SC
45. Miller's Ridge Apartments, Lancaster, SC
46. Palmettos Way, Loris, SC

Individuals who believe they or someone they know may have had difficulties because of the inaccessible conditions at any of these properties should e-mail the Justice Department at [email protected] or leave a message at 1-833-591-0291, selecting option 1 for English, selecting option 4 for housing accessibility for persons with disabilities, and selecting option 4 for Pendergraph Development LLC.

The Justice Department's Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. This law requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic accessible features. Enacted in 1990, the Americans with Disabilities Act requires that places of public accommodation, such as rental offices at multifamily housing complexes constructed after Jan. 26, 1993, be accessible to persons with disabilities.

More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department at 1-833-591-0291, or submitting a report online at www.civilrights.justice.gov. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.