The Justice Department has initiated legal action against the Commonwealth of Pennsylvania, along with its Department of Labor and Industry and Department of Human Services. The lawsuit challenges certain code requirements that allegedly restrict community-based housing options for individuals with intellectual disabilities and autism.
Assistant Attorney General Kristen Clarke from the Civil Rights Division emphasized the importance of fair housing opportunities for people with disabilities. "People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary," she stated. Clarke highlighted the need for building codes to consider the specific needs of disabled individuals to ensure they are not unfairly denied access to housing.
U.S. Attorney Gerard M. Karam, representing the Middle District of Pennsylvania, criticized the state's enforcement of expensive fire prevention methods like automatic sprinklers without assessing individual needs. "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 resident housing to avoid such costs," he said.
Under current regulations, every community home for persons with intellectual disabilities and autism must install an automatic sprinkler system at their own expense, a requirement not imposed on other single-family homes. Community homes typically house up to four residents and comply with various fire safety regulations.
The classification of these homes as "facilities" necessitates the installation of sprinkler systems regardless of factors like the home's age or residents' evacuation capabilities. This requirement has reportedly limited housing availability due to landlords' reluctance to allow installations that might affect property marketability and feasibility issues in apartments.
The Justice Department's lawsuit seeks injunctive relief to permit local governments to evaluate sprinkler needs based on each home's unique circumstances. The suit also aims for monetary damages.
The Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination based on several factors including disability. More information is available at www.justice.gov/crt, where individuals can report housing discrimination or relevant information about this case.