Lowrey v Uptown & FHC v Uptown

#W06-21 & 21b
Lowrey v Uptown & FHC v Uptown
Canton

Mike Lowrey contacted the Fair Housing Center because his “barrier free” apartment had some accessibility problems.  During our investigation we discovered that only four first floor units in the complex were made accessible.  According to the Fair Housing Act, all multi-family housing built for first occupancy after March 13, 1991, must adhere to seven design requirements regarding wheelchair accessibility for ground floor units.  We also found problems with the side walks, lack of access to the mailbox and other common areas of the property. Over the summer Mr. Lowrey attempted to sit by the pool while his guests swam.  He was forced to sit outside the pool area because the only ramp leads to a locked Club House.  FHC Cooperating Attorney J. Mark Finnegan filed the case in Federal Court on behalf of Mr. Lowrey in July 2006.  FHC Board of directors voted to intervene in the case.  Cooperating Attorney Steve Dane of Relman & Dane represented the FHC.  Both cases were assigned to Judge Nancy Edmonds.

Court: Federal
Settlement: $227,500 (Lowrey), $45,000 (FHC)

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