New NFHA Settlement Agreement Ensures Accessibility of Rental Housing Units in Northern Alabama

FOR IMMEDIATE RELEASE

October 16, 2024

Contact Janelle Brevard, jbrevard@nationalfairhousing.org

New NFHA Settlement Agreement Ensures Accessibility of Rental Housing Units in Northern Alabama

Washington, D.C. — Today, the National Fair Housing Alliance® (NFHA™) announced an agreement with Breland Companies, LLC; The Lofts at Town Madison, LLC; The Lofts at Town Madison Condominium Association, Inc.; and Old Town Investments, LLC (“Breland”) to settle allegations that they developed and operated multi-family rental housing in Northern Alabama that violates the Fair Housing Act (FHA)’s accessibility requirements. Under the agreement, Breland will modify features of The Lofts at Town Madison (“The Lofts”) in Madison, AL, to ensure the 21-unit building complies with the law.

The agreement settles a housing discrimination complaint NFHA filed in April with the U.S. Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. The complaint was based on an investigation NFHA conducted with support from the Fair Housing Center of Northern Alabama in Birmingham, AL. The investigation revealed a lack of an accessible route to an accessible primary entrance of the building, threshold issues at unit balconies impeding an accessible route throughout the unit, inaccessible environmental controls, and the lack of reinforced walls (blocking) in the walls around toilets and tubs to facilitate the installation of grab bars. The investigation also revealed potential violations of the Americans with Disabilities Act (ADA). A copy of the complaint is available here.

According to the settlement, Breland will:

• Install ADA-complaint thresholds at building entrances adjacent to parking lots,

• Install at least one van accessible parking space to serve each building,

• Notify tenants that Breland will cover the cost of certain interior and exterior modifications requested by tenants at the Lofts on account of their disability-related need,

• Ensure FHA-covered multi-family housing developed during the settlement term complies with the accessibility provisions of the law,

• Attend Fair Housing training, and

• Pay damages to NFHA and attorneys’ fees.

“The CDC estimates that over 1.3 million adults in Alabama have a disability—that is 1 in 3 adults in the state. While we respect Breland for working with us to resolve this issue expeditiously, federal law has made it illegal since March 13, 1991, to build inaccessible multi-family housing. We will continue to hold developers accountable for as long as it takes to ensure that people in Alabama and throughout the country can access housing regardless of how they are affected by a disability. We are also honored to be able to partner with local fair housing agencies, like the Fair Housing Center of Northern Alabama, to expand housing opportunities for all.” said Lisa Rice, President and CEO of NFHA.

“The Fair Housing Center of Northern Alabama (FHCNA) works daily to promote equal housing access to all persons in its 29 counties service area. Sadly, persons with disabilities continue to endure housing discrimination through a lack of accessible housing and facilities. This is evident through the number of disability complaints received at the center. Persons with disabilities should have the same right to enjoy access to and comfort of their living quarters,” said Lila Hackett, Executive Director of FHCNA. “We commend the National Fair Housing Alliance for helping address barriers to accessible housing in Alabama and for the subsequent settlement. We hope that this complaint and settlement will serve as a motivator for other multi-family housing providers in this area to recognize they must comply with FHA and ADA accessibility requirements.”

If you believe you have experienced housing discrimination in Alabama, contact the Fair Housing Center of Northern Alabama or your local fair housing center for counseling. If no local fair housing center services your area, report your experience to NFHA here.

NFHA is represented in the matter by Sara Pratt and Emily Curran of Relman Colfax PLLC.

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The work that provided the basis for this press release was supported by funding under a grant from the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.

The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. Through its community development, education and outreach, responsible AI, member services, public policy and advocacy, consulting and compliance, and enforcement initiatives, NFHA works to dismantle longstanding discriminatory barriers and build inclusive, resilient, well-resourced communities where everyone can thrive.