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 U.S.
Sixth Circuit Court of Appeals Finds Housing Law Requires
Accessible Front Door
Gongwer News Service, August 25, 2004
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Federal housing
discrimination laws require the front door of a new multi-unit
apartment must be made handicapped accessible even if the design
allows access through another means, a unanimous three-judge
panel of the U.S. 6th Circuit Court of Appeals ruled Wednesday.
The circuit was the first in the nation to rule on the issue as
it blocked further construction on 19 apartment buildings in
Michigan and Ohio that provided handicapped access only through
a patio door.
The ruling (United States v. Rose, USCOA docket No. 03-1316)
affirmed the U.S. District Court, which adopted the position of
the U.S. Department of Justice that the front door, which is
closest to the parking lot, is the primary entrance and as such
was a public or common area. It upheld the injunction barring
further construction based on the overriding public interest,
the interpretation of the Fair Housing Act that was provided to
the builder and the likelihood of Justice in prevailing on the
merits of the case.
The decision was issued by Judges Eugene Siler Jr., Karen Moore
and Jeffrey Sutton.
The apartment builder, Edward Rose and Sons, had argued the law
required only that one entrance be accessible and that the
Justice arguments would ultimately require every entrance to be
accessible.
Briefs in the case were also filed by the National Association
of Home Builders and the National Multi Housing Council.
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