The U.S. Attorney’s Office for the Middle District of Pennsylvania, in conjunction with the Justice Department, has filed a lawsuit against the Commonwealth of Pennsylvania, along with its Department of Labor and Industry and Department of Human Services. The legal action challenges code requirements that allegedly limit housing availability for individuals with intellectual disabilities and autism.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary.” She emphasized that the Commonwealth's building code fails to consider the specific needs of people with disabilities, thereby denying them access to housing opportunities. Clarke affirmed the department's commitment to enforcing the Fair Housing Act to prevent abuse of building requirements and zoning restrictions.
U.S. Attorney Gerard M. Karam highlighted issues within Pennsylvania's building code enforcement, which mandates individuals with disabilities living in community homes to bear significant costs for installing automatic sprinklers. In contrast, similar resident housing without disabled occupants is exempt from such expenses. Karam assured continued enforcement of the Fair Housing Act alongside the Justice Department’s Civil Rights Division.
Under Pennsylvania’s Uniform Construction Code, all local governments must require every "community home" for persons with intellectual disabilities and autism to install an automatic sprinkler system at their own expense. This requirement does not apply to other single-family homes, including newly constructed ones. Community homes are intended to offer a family-like setting for people with intellectual disabilities and autism alongside non-disabled individuals.
Despite compliance with various fire and safety regulations, including evacuation drills, these community homes are classified as "facilities," necessitating automatic sprinkler systems regardless of age or resident capability.
The requirement affects housing availability due to landlords potentially refusing sprinkler installations because they can make properties less marketable. Additionally, individual apartments often cannot accommodate these systems, limiting their use as community homes. The financial burden is substantial; installation costs start at $10,000 but may triple if separate water lines are needed.
The lawsuit seeks injunctive relief requiring assessments based on residents' unique needs rather than blanket requirements for sprinklers in community homes. It also requests monetary damages.
The Justice Department enforces the Fair Housing Act prohibiting discrimination based on various factors including disability. More information about this division is available on their website. Reports of housing discrimination can be made via their hotline or online submission forms.
Those with relevant information regarding mandatory sprinkler installations in Pennsylvania community homes can contact the Justice Department through designated communication channels provided in this announcement.