The Miami Valley Fair Housing Center files federal lawsuit alleging disability discrimination at Canterbury Court in West Carrollton, Ohio
Download the complaint!
DAYTON, OHIO—On April 19, 2024, the Miami Valley Fair Housing Center (MVFHC) filed a federal civil rights lawsuit against Canterbury Court Limited Partnership and Episcopal Retirement Services. Filed in the U.S. District Court for the Southern District of Ohio, the lawsuit alleges that Canterbury Court and Episcopal Retirement Services failed to grant reasonable accommodations and modifications for residents with disabilities.
The federal lawsuit stems from an investigation that the Fair Housing Center began in December 2022 after receiving complaints about Canterbury Court. The Fair Housing Act allows organizations like MVFHC to sue when they discover housing discrimination. Jacob Davis of Nalls Davis, a Dayton-based law firm specializing in civil rights litigation, is representing the Fair Housing Center.
The lawsuit alleges Canterbury Court has overly restrictive policies that present barriers to disabled residents who need reasonable accommodations and/or modifications to use and enjoy their units fully. Such accommodations and modifications include installing shower grab bars, shower doors, and automatic door openers and transferring disabled residents to more accessible units.
“Congress amended the Fair Housing Act in 1988 to include people with Disabilities as a protected class. The U.S. Department of Housing & Urban Development (HUD) and the U.S. Department of Justice (DOJ) have issued Joint Statements on Reasonable Accommodations and Reasonable Modifications Under the Fair Housing Act. The documents are easy to read and understand and provide specific example scenarios wherein a disabled
resident may need to request an accommodation,” said Jim McCarthy, President/CEO of the Miami Valley Fair Housing Center.
“The Fair Housing Center is disappointed that 36 years after the Act was amended to include people with disabilities, there are still housing providers who are unwilling to do what the law requires,” McCarthy continued.
The complaint alleges that Canterbury Court and Episcopal Retirement Services routinely denied or delayed responding to requests for nearly a year. It also alleges that Defendants pressured residents to drop certain requests or accept less desirable alternatives. The complaint also alleges that Canterbury Court and Episcopal Retirement Services require overly complex disability verification forms even when no such form is required under the Fair Housing Act. The complaint further alleges that MVFHC has been directly and substantially injured by the violations through a diversion of its resources and frustration of its mission.
Canterbury Court and Episcopal Retirement Services are based in Cincinnati, Ohio, and advertise the West Carrollton apartment complex as a senior, HUD-sponsored community. Miami Valley Fair Housing Center is seeking monetary, injunctive, and declaratory relief for the alleged violations of the Fair Housing Act.
The Miami Valley Fair Housing Center is awarded grants from U.S. Department of Housing & Urban Development (HUD)
Download the news relese!
The U.S. Department of Housing & Urban Development (HUD) and the Miami Valley Fair Housing Center (MVFHC) are pleased to announce that HUD has awarded the Fair Housing Center two grants under the department’s Fair Housing Initiatives Program (FHIP), which is the only federal funding source specifically for education, outreach, and enforcement activities by private, non-profit fair housing organizations.
The grants awarded to the MVFHC include:
FHIP – Education & Outreach Initiative (EOI): $125,000.00 for a twelve (12) month project wherein MVFHC will conduct Fair housing education workshops, continuing education workshops, special events and symposia to inform the public and housing professionals about their rights and obligations under the Fair Housing Act and substantially-equivalent state and local fair housing laws. The Fair Housing Center’s expected outcomes from the grant include reaching 32,000 persons face to face, 180,000 persons digitally, and distribute 70,000 pieces of printed material.
FHIP – Private Enforcement Initiative — Multi-Year (PEI-MYI) Component: $1,275,000.00 for a thirty-six (36) month project under which MVFHC will continue its Core Fair Housing Program to assist people who seek MVFHC’s help because they believe they have been the victim of housing discrimination. MVFHC will also begin a new project, the Housing Choice Systemic Testing Program, to assist people with housing choice vouchers get access to the housing of their choice in neighborhoods with high performing schools, access to jobs and transportation as well as quality affordable housing. MVFHC will also begin examining whether housing providers illegally discriminate against people with criminal records. The Criminal Records Systemic Testing Program will assist people who are re-entering society after incarceration get access to housing free from discrimination. The Fair Housing Center will address the significant gap in homeownership between people who are white and people who are Black by beginning the Systemic Lending Testing Program. Finally, MVFHC’s Environmental Justice Program will examine the effects of environmental hazards on people and neighborhoods of color while working with state and local officials as well as area advocates to address the issues uncovered.
Previous news items are available here. |