The United States Justice Department has taken legal action against Pennsylvania and several state departments. The lawsuit was filed due to Pennsylvania’s code requirements that are believed to restrict or deny access to community-based housing for individuals with intellectual disabilities.
According to the Justice Department, there is no requirement for every single-family home to adhere to the same regulation.
According to the Department of Justice (DOJ), it is not possible to install automatic sprinkler systems in individual apartment buildings. As a result, these buildings cannot be used as community homes for individuals with intellectual disabilities.
According to the Department of Justice (DOJ), their investigation revealed that the installation of sprinkler systems in a single-family home can cost a minimum of $10,000. In cases where local water utilities mandate the use of a separate water line, these costs can triple.
Community home operators may find themselves unable to provide essential services and housing for those in need due to the substantial costs involved. These expenses can often exceed their financial capabilities, posing significant challenges to their operations.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division expressed her belief that individuals with disabilities should not be deprived of housing opportunities due to unnecessary safety measures. She argued that the Commonwealth’s building code fails to consider the unique needs and capabilities of people with disabilities, resulting in illegal denial of their access to housing opportunities. The Justice Department is committed to enforcing the Fair Housing Act and ensuring that building requirements, zoning restrictions, and land use codes are not exploited to deny individuals with disabilities the chance to live integrated lives within their communities.
The Department of Justice is taking action against Pennsylvania to address the issue. Their lawsuit aims to bring about a change by implementing a mandate that would allow local governments to evaluate the necessity of automatic sprinklers in community homes. This assessment would take into consideration the financial circumstances of each home and the unique needs of its residents.
We have contacted the Departments of Labor & Industry and Human Services to get their comments on the lawsuits.