LV condo developer to correct Fair Housing Act violations

Grace Leong

Thursday, March 1, 2001 | 11:17 a.m.

The U.S. Justice Department sued a builder of four Las Vegas condominium complexes Wednesday, alleging it violated the federal Fair Housing Act when it failed to make the common areas and ground-floor units of the buildings accessible to people with disabilities.

Lawyers for the Housing and Civil Enforcement section of the Justice Department's Civil Rights Division said the government agreed to drop the lawsuit, which was filed Wednesday in U.S. District Court, after Pacific Properties & Development Corp. of Las Vegas agreed to make the buildings compliant with Fair Housing Act requirements.

The four developments are Pacific Adagio, a 282-unit development at 7703 Vegas Drive; Pacific Carlisle, a 110-unit complex at 10250 North Covington Cross Drive; Pacific Deerfield, a 222-unit development at 9901 Trailwood Drive and Pacific Legends East, a 219-unit complex at 1405 South Nellis Blvd.

The Justice Department alleged many of the ground floor units were inaccessible to people using wheelchairs because the doors were too narrow and the light switches, electrical outlets and environmental controls allegedly weren't at an accessible height. The suit alleged some kitchens and bathrooms didn't have adequate maneuvering space.

The Justice Department said Pacific Properties denied failing to make the units compliant with the Fair Housing Act, but noted the builder agreed to make the required modifications to resolve the matter "without further proceedings, without an evidentiary hearing and without adjudication on the merits."

James Hernquist, Pacific Properties' executive vice president, could not be reached for comment on the allegations.

A consent decree filed with the complaint is effective for five and a half year and also gives the court the right to reopen the case to enforce the settlement.

Pacific Properties agreed to spend about $208,000 to modify the common areas at each complex and 224 inaccessible units when they become vacant. The builder will also offer to modify 150 ground floor units at no expense to current owners.

The agreement also requires Pacific Properties to give $30,000 to a Las Vegas organization that serves the housing needs of people with disabilities in lieu of modifying the ground floor units at Pacific Legends East.

Pacific Properties also agreed to pay $1,200 to Robert and Carol Lee, two condominium owners at Pacific Legends East, who paid for housing modifications that would have been unnecessary had the development complied with Fair Housing Act requirements.

Alan Molasky and Steven Molasky, two Pacific Properties' principals, agreed to train their employees and notify the Justice Department of any future plan to build multi-family dwellings and ensure these are compliant with federal housing requirements, the decree said.

The property is also required to "prominently display in its sales or rental offices, a sign no smaller than 10 by 14 inches indicating that all dwellings are available for sale or rental on a non-discriminatory basis."