Oasis LV apartments in talks to settle disability access suits

Phil Levine

Monday, April 24, 2000 | 11:10 a.m.

Advocates for people with disabilities say some Nevada developers continue to violate the Fair Housing Act.

Representatives of Nevada's residential building industry disagree, and say local builders are doing their best to conform with an array of conflicting and confusing federal regulations.

Ronald Ray Smith, program manager for the Salt Lake City-based advocacy group Disabled Rights Action Committee, said the problem of FHA non-compliance remains widespread in multi-family Las Vegas projects.

"The fact is most (Las Vegas) developers continue to do what they want -- when they want -- without any fear of repercussion," he said.

"Trying to get these (property owners) to rectify this problem continues to be like pulling teeth."

Not so, says Irene Porter.

"There have been and continues to be a great deal of confusion about how the (FHA) law is implemented," said Porter, executive director of the Southern Nevada Home Builders Association.

"It's definitely subject to interpretation, although I think the situation is slowly getting better."

Passed in 1988, the Fair Housing Act prohibits discrimination because of race, religion, sex, familial status as well as disabilities.

The act covers most housing, although it can exempt owner-occupied buildings with no more than four units, single family housing sold or rented without a broker and housing operated by private organizations that limit occupancy to members.

Seven Las Vegas multi-family properties owned by Camden Property Trust -- all run under the Oasis apartment banner -- are among those currently being sued by the U.S. Department of Justice for violating FHA guidelines for access for people who are disabled.

Justice spokeswoman Kara Peterman said it's department policy not to comment on active lawsuits.

However, Camden spokeswoman Kim Heist confirmed her company was negotiating with the DOJ to resolve the lawsuits.

"We can't really comment on (the lawsuits), other than to say that we're working with the DOJ to resolve the issue, and that the problems pre-date our purchase of the Oasis apartments," she said.

In its FHA lawsuit against Camden, the DOJ alleges various Camden-owned Las Vegas properties were not built with "doors wide enough to permit passage by persons in wheelchairs."

The DOJ also alleges some "inside premises (do not) contain an accessible route, reachable fixtures and useable kitchens and bathrooms."

In 1997, the Houston-based real estate investment trust purchased Oasis Residential Inc.'s 48 Southern Nevada properties for $834 million in stock and debt.

Camden currently owns and manages 153 properties primarily in the Midwest and Sunbelt markets.

Heist said there have been no complaints similar to those made in Las Vegas at any other Camden-owned property.

She cited the company's long-standing policy regarding building modifications for residents who are disabled that is posted at all Camden properties.

The policy states "if you or any member of your household has a disability and would benefit from either installation of lever hardware on the front door of your apartment or lowered entry threshold ... please let us know.

"We will be happy to make these changes to your apartment at no expense to you, as soon as possible."

The policy also says Camden officials will "be happy to discuss" any other modifications required due to disability.

In recent months, several other local builders were cited by the DOJ for violating FHA guidelines.

Last November, a Las Vegas-based developer and construction firm agreed to pay more than $1 million to modify five condominium developments and provide greater accessibility to persons with disabilities.

Under an agreement with the DOJ, Rock Springs Vista Development Corp. Inc. and J.A. Black Construction Co. Inc. agreed to pay $281,500 to individual unit owners who suffered damages as a result of the lack of accessibility.

The companies also agreed to retrofit residential units as well as common areas in the five projects, and pay up to $100,000 into a fund for any future retrofit required under the act.

In December, two Las Vegas developers agreed to pay more than $80,000 to settle FHA-related complaints against four apartment properties.

Inland Empire Builders Inc., the Heers Family Trust and architect Eric Miller agreed to settle the suit but denied failing to construct the four buildings in compliance with the FHA.

Complementing the FHA, the Americans with Disabilities Act was signed into law on July 26, 1990.

That act usually applies to commercial projects and contains specific requirements for new construction, alterations and renovations to buildings and facilities.

It also requires improved access to existing buildings owned by private companies providing goods or services to the public.

Under the ADA, the Department of Justice has authority to issue regulations, provide technical assistance and is responsible for enforcing the law.

Porter said builders never intentionally violate the laws, but are often unsure of their building responsibilities under federal regulations.

"There's no maliciousness or intent to break the laws," she said. "Most builders recognize its beneficial to resolve these matters before it reaches the lawsuit stage."

To better inform builders of their responsibilities, Porter said her organization sponsors seminars and programs related to FHA requirements.

Salt Lake City attorney Richard Armknecht said the Las Vegas market is one of the more active regions for FHA and ADA-related investigations.

"I think we can safely say the number of (FHA) complaints and investigations in the Las Vegas area has been on the increase," said Armknecht.

Armknecht has represented several Las Vegas complainants in various FHA-related lawsuits; in many of those cases he's worked closely with the Disabled Rights Action Committee.

On its website, DRAC lists at least three dozen current FHA-related complaints.

DRAC's Smith said the number of individual FHA-related lawsuits would be even higher were it not for a dearth of attorneys willing to pursue the matter.

"The fact is that if we had more lawyers we would file more suits," he said. "Our services are in great demand because, quite simply, nobody is enforcing FHA regulations here (in Southern Nevada)."

Armknecht said the shortage of attorneys interested in pursuing FHA claims was in part due to the risk and return involved in the process.

Even successful FHA-related complaints don't usually result in lucrative settlements, he said.

"We're not talking lottery-type money," Armknecht said. "The (successful) decisions usually pay for attorney fees, retrofitting and sometimes maybe just a little more."

Still, Porter remains optimistic the need for any FHA-related litigation will diminish as time goes on.

"I think things are getting better," she said. "Earlier this month, HUD (the federal Housing and Urban Development department) introduced revisions to FHA building codes pertaining to accessibility guidelines.

"That's a significant step forward to clarifying what builders must do to meet those guidelines."

Robert Mitchell, president of the National Association of Home Builders, agrees with that assessment.

Mitchell said the new HUD revisions should help ensure that future new apartments meet FHA accessibility standards.

Once the revised building standards are adopted, he said, "builders will have a clear standard to follow to meet the federal law."