The Justice Department has taken a significant step today by announcing the filing of a lawsuit against the Commonwealth of Pennsylvania, along with the Pennsylvania Department of Labor and Industry and the Pennsylvania Department of Human Services. This action aims to challenge discriminatory building code requirements that not only deny but also severely limit the availability of essential community-based housing options for individuals with intellectual disabilities and autism.
“People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary,” stated Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The failure of the Commonwealth’s building code to consider the specific needs and capabilities of people with disabilities illegally denies them access to housing opportunities. Through vigorous enforcement of the Fair Housing Act, the Justice Department is committed to ensuring that building requirements, zoning restrictions, and land use codes are not abused and manipulated to deny people with disabilities their right to live integrally with their communities.”
“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,” emphasized U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “Pennsylvania’s building code enforcement improperly demands individuals with disabilities living in community homes to pay thousands of dollars to install automatic sprinklers yet allows those without disabilities in similar residential housing to forego such costs. This office is resolute in its mission to uphold the Fair Housing Act and will continue to collaborate with the Justice Department’s Civil Rights Division to ensure that our disabled citizens share the same rights and opportunities as their neighbors.”
Under the Commonwealth’s Uniform Construction Code, which mandates compliance from all local governments, every “community home” designed for persons with intellectual disabilities and autism is compelled to install, at their own expense, an automatic sprinkler system. No other single-family home, including newly constructed homes, is subject to such a requirement. “Community homes” provide individuals with intellectual disabilities and autism the chance to reside in a family-like environment within the community, living alongside people without disabilities. These homes in Pennsylvania typically host an average of 2.3 residents and may accommodate no more than four residents. The Commonwealth has already established that community homes must comply with a range of fire and safety regulations, including regular fire drills to ensure that residents can evacuate within a time frame of under two and a half minutes.
However, Pennsylvania’s building code categorizes community homes for individuals with intellectual disabilities and autism as “facilities” and mandates the installation of automatic sprinkler systems without consideration for the age of the home or the capabilities of the residents to evacuate, despite their disabilities.
Sprinkler system requirements limit the availability of housing in several ways. First, landlords in rental housing may decline to permit the installation of sprinkler systems due to aesthetic concerns, as the exposed metal pipes can render a home less attractive to prospective tenants and serve as a reminder of the institutional facilities community homes were intended to replace. Second, installation of sprinkler systems is often impractical in individual apartments, thereby inhibiting their potential to serve as community homes. Lastly, the department’s investigation revealed that the basic cost of installing a sprinkler system in a small, single-family dwelling starts at almost $10,000, with costs potentially tripling when local water utilities mandate dedicated water lines for sprinkler systems. These expenses may surpass the financial capabilities of many operators running community homes, compelling some to operate larger and less individualized facilities.
The lawsuit seeks injunctive relief, demanding an order that requires the Commonwealth to permit local governments to evaluate the need for automatic sprinkler systems in community homes, considering the unique and specific needs and abilities of each home’s residents, alongside compensatory damages.
The Justice Department’s Civil Rights Division is tasked with enforcing the Fair Housing Act, which prohibits any form of discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. For further information about the Civil Rights Division and the laws it enforces, visit www.justice.gov/crt. Individuals can report housing discrimination by reaching out to the Justice Department’s Housing Discrimination tip line at 1-833-591-0291 or submitting a report online. Reports of such discrimination can also be made to HUD at 1-800-669-9777 or by filing an online complaint.
Individuals aware of community homes mandated to install automatic sprinklers in Pennsylvania or possessing further relevant information regarding this case can contact the Justice Department’s Housing Discrimination tip line at 1-833-591-0291, selecting 1 for English; pressing 1 for discrimination in housing; and pressing 9 for the United States v. Pennsylvania lawsuit mailbox. Additionally, individuals may email the Justice Department at [email protected].
What specific discriminatory practices in Pennsylvania’s building codes prompted the Justice Department’s lawsuit against the state?
**Interview with Assistant Attorney General Kristen Clarke on the Justice Department’s Lawsuit Against Pennsylvania**
**Editor:** Thank you for joining us today, Assistant Attorney General Kristen Clarke. The Justice Department recently filed a lawsuit against Pennsylvania, challenging certain building code requirements. Can you give us an overview of what prompted this action?
**Kristen Clarke:** Thank you for having me. The lawsuit is a response to discriminatory practices in Pennsylvania’s building codes that directly impact individuals with intellectual disabilities and autism. The specific requirement mandating automatic sprinkler systems in community homes creates unnecessary financial burdens and denies these individuals viable housing options. Our aim is to ensure that all people, regardless of their abilities, have equal access to housing that allows them to live integrally within their communities.
**Editor:** The lawsuit mentions that these building codes classify community homes as “facilities.” Why is this classification problematic?
**Kristen Clarke:** The classification of community homes as “facilities” places them under stringent requirements that do not take into account the unique needs of residents with disabilities. In essence, these requirements ignore the realities of their living situations and do not consider their capabilities to evacuate safely in emergency scenarios. By imposing such rigid codes, the Commonwealth effectively inhibits their ability to live independently and diminishes their quality of life.
**Editor:** You highlighted financial burdens associated with these sprinkler system requirements. Can you elaborate on how these costs affect community homes?
**Kristen Clarke:** Certainly. The cost of installing an automatic sprinkler system in a small community home can start at around $10,000 but can escalate significantly due to various local regulations. For many operators of community homes, these costs are prohibitive, which can lead to fewer available options for individuals with disabilities. Moreover, some landlords may decline to install such systems due to aesthetic concerns, further limiting housing availability for these individuals.
**Editor:** U.S. Attorney Gerard M. Karam mentioned that the requirements unfairly penalize individuals with disabilities. How do you plan to address this issue through the lawsuit?
**Kristen Clarke:** Our goal is to enforce the Fair Housing Act vigorously. By challenging these discriminatory building codes in court, we aim to eliminate unnecessary barriers to housing for individuals with intellectual disabilities and autism. We believe that the building and zoning codes should be modified to reflect the needs of all citizens, rather than perpetuating inequality that targets specific groups.
**Editor:** Lastly, what message do you hope this lawsuit sends to other states regarding disability rights and housing access?
**Kristen Clarke:** This lawsuit serves as a clear reminder that discriminatory practices in housing will not be tolerated. We hope it encourages other states to review their own building codes and zoning practices to ensure they uphold the rights of individuals with disabilities. Everyone deserves the opportunity to live in a safe and supportive environment without being subjected to unfair restrictions based on their circumstances.
**Editor:** Thank you, Assistant Attorney General Clarke, for sharing your insights on this important issue. We look forward to following the progress of the lawsuit.
**Kristen Clarke:** Thank you for having me. It’s crucial to advocate for the rights and dignity of all individuals, and we appreciate your coverage of this matter.