The units are currently inaccessible for people with disabilities. The case was filed by Memphis Area Legal Services, on behalf of MCIL. The U.S. Department of Justice later intervened in the case on behalf of the United States.

MCIL and MALS are hopeful this case will encourage the local code enforcement office to take a harder look at accessibility issues in the development phase, said Webb Brewer, MALS litigation director.

“Local government should be working with developers to prevent inaccessibility issues on the front end,” Brewer said. “It is our hope that the local construction code office would commit to enforcing the standards set forth in the Fair Housing Amendments Act.”
The settlement is a huge victory for Memphians with disabilities, said Deborah Cunningham, MCIL executive director.

“We at MCIL are dedicated to helping those with disabilities live independent, fulfilling lives, and unfortunately there are too many Memphians with disabilities living in conditions that do not meet today’s standards for accessibility,” Cunningham said. “We hope this settlement will serve as a warning to other developers, builders, architects and engineers. People with disabilities will not be ignored, and no one is above the laws requiring accessibility for those in need.”

In addition to retrofitting the multifamily units, Grant Properties and other related builders, architects and civil engineers will establish a $320,000 retrofit fund that will be administered by MCIL. This fund will be available to people with disabilities who live in housing not covered by the Fair Housing Act’s accessibility requirements and have a right to modify their homes to be accessible at their own expense.“For so many people, that right is currently meaningless because they cannot afford the modifications,” Brewer said.MCIL will receive $32,000 in fees for administering the fund and will receive a $10,000 damage award. The organization is currently working on a fair strategy to allocate the funds to those in need. The defendants will also pay a $110,000 civil penalty to the United States.

About Memphis Center for Independent Living

MCIL is a community based non-profit organization whose primary mission is to facilitate the full integration of persons with disabilities into all aspects of community life. www.mcil.org

About Memphis Area Legal Services, Inc.

MALS is a nonprofit law firm providing free legal assistance in civil matters to low-income and elderly persons living in Shelby, Fayette, Lauderdale and Tipton counties in West Tennessee. For more than 30 years, MALS has been dedicated to helping families and individuals solve problems that affect their basic needs.