Expert: Bruce E. Johnson - 4/14/2011

Question
My huband is in a wheelchair and we do have a spot in the parking lot for handicap, however, I have to push him up a curb to get onto the walkway.  I asked the property management to put a ramp in and they told me the community age doesn't require it and if I want it I could pay for it to be installed.  What are the apartment codes regarding my situation in PA?

Answer
Hi Theresa,
I am not an attorney but I did find the following article which does address a similar situation in Pennsylvania.  The event in this article pretty much spells out that there are Federal laws regarding handicap accessibility. This is taken from the US Dept of Justice Civil Rights Division website (http://www.ada.gov/newsltr0807.htm).  These might be the best people to contact to get the ball rolling. In your case it would make more sense for the apartment complex to accommodate your needs by installing a simple ramp over the curb or cut through the curb than to have to get the Federal Government involved and have them force the entire complex to conform to Federal Accessibility requirements which entail far more than just curb access..  Sincerely bruce e johnson:

SIX PENNSYLVANIA APARTMENT COMPLEXES AGREE TO RETROFIT FOR ACCESSIBILITY

On July 19, 2007, the owners, developers, builders, architects, and engineers of six apartment complexes in Pennsylvania agreed to settle a lawsuit alleging that they discriminated against people with disabilities by failing to comply with federal accessibility requirements when designing and constructing the apartment complexes. The complexes are Abram’s Run Apartments and Henderson Square Apartments I and II in King of Prussia, Fox Ridge Apartments and Fox Ridge Lakeside Apartments in Limerick, and Lakeview Apartments in Royerstown.

In the lawsuit, filed on March 31, 2006, the Department alleged that the defendants violated the Fair Housing Act by designing and constructing the 300 ground-floor apartments at the complexes without mandatory accessibility features that permit access by people with disabilities. The lawsuit also alleged that the owners and developers violated the Americans with Disabilities Act by designing and constructing inaccessible rental offices.

“Those who design and construct housing units may not ignore their obligation to make them accessible to persons with disabilities,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department will continue its vigorous enforcement of all the fair housing laws.”

“It is our job to ensure that Americans are not discriminated against because of disability,” said Patrick L. Meehan, U.S. Attorney for the Eastern District of Pennsylvania. “When developers, architects and engineers take money-saving shortcuts around the law, individuals with disabilities suffer. This settlement both corrects past violations and ensures future compliance.”

The proposed consent order, which must still be approved by the federal court in Philadelphia, provides for extensive retrofitting of the complexes, including widening doorways, removing steps, and adding new accessible sidewalks and curb ramps, replacing round door knobs with lever hardware, moving light switches and thermostats to accessible heights, and reconfiguring kitchens and bathrooms. Accessible features will also be added to the rental offices. In addition, the consent order requires the owners and developers to establish a $307,000 fund to compensate people aggrieved by inaccessibility at the complexes, pay a $25,000 civil penalty, and provide for training and monitoring of all defendants.

People with disabilities who believe they may have been harmed by inaccessibility at Abram’s Run Apartments, Henderson Square Apartments I and II, Fox Ridge Apartments, Fox Ridge Lakeside Apartments, or Lakeview Apartments should call 1-800-896-7743, ext. 7 or go to http://www.usdoj.gov/crt/housing/notices.htm to determine how they can file a claim for monetary damages.

The defendants include Gambone Brothers Development Company, Gambone Construction Company, and Gambone Brothers Organization, Inc. (the owners and developers Abram’s Run Apartments Associates L.P., Fox Ridge Apartments L.P., Lakeside Inn Acquisition L.P., Lewis Road Apartments L.P., Henderson Square Apartments L.P., and Henderson Square Phase 2 L.P.), Joseph A. Zadlo and Mike Rosen Architects, P.C., and engineers Chambers Associates, Inc., and Urwiler & Walter, Inc