U.S. Attorney Gerard M. Karam | U.S. Department of Justice
The U.S. Department of Justice has initiated legal action against the Commonwealth of Pennsylvania, along with its Departments of Labor and Industry and Human Services. The lawsuit addresses discriminatory building code requirements that reportedly restrict community-based housing options for individuals with intellectual disabilities and autism.
Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division stated, “People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary.” She emphasized the department's commitment to enforcing the Fair Housing Act to prevent abuse of building requirements, zoning restrictions, and land use codes.
U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania highlighted the financial burden imposed by these codes: “Although expensive fire prevention methods, like automatic sprinklers, may reduce personal injury and damage to property, Pennsylvania cannot require individuals with disabilities to obey this code requirement without assessing their unique and specific needs.”
The state's Uniform Construction Code mandates that all "community homes" for people with intellectual disabilities and autism install automatic sprinkler systems at their own expense. This requirement does not apply to other single-family homes. These community homes typically house 2.3 residents on average, with a maximum of four residents per home.
The lawsuit points out that classifying these homes as "facilities" leads to unnecessary sprinkler system installations regardless of the home's age or residents' evacuation capabilities. Such installations can deter landlords due to aesthetic concerns and cost implications, potentially exceeding $10,000 for small homes.
The legal action seeks injunctive relief allowing local governments to evaluate the necessity of sprinklers based on individual resident needs and capabilities. It also seeks monetary damages.
For more information about reporting housing discrimination or details about this case, individuals can contact the Justice Department’s Housing Discrimination tip line or email Community.Homes@usdoj.gov.
