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Description: Galveston, TX - The United States of America sued TFT Galveston Portfolio, LTD and James G. Gartrell, on violation of the Fair Housing Act and Americans With Disabilities Act violation theories.

A Texas apartment developer and a Texas site engineer had agreed to settle a federal lawsuit alleging they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The suit alleged they built an eight-building addition and associated rental office at the Seasons Resort in Galveston that were inaccessible to persons with disabilities.

“There is no place in our community for violating the ADA and FHA,” said U.S. Attorney Ryan K. Patrick. “Our Office is committed to enforcing these to ensure that every person with a disability has full access to residential buildings within our district.”

“The FHA and the ADA require that new multifamily housing be accessible to persons with disabilities,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “This lawsuit and its resolution help ensure that individuals with disabilities and their families live with dignity and enjoy equal housing and all other opportunities available to the people of the United States.”

Today’s settlement, pending court approval, settles a lawsuit the department filed in February 2019. It alleged Galveston developer TFT Galveston Portfolio LTD and site engineer James W. Gartrell Jr. violated the FHA and the ADA when they designed and constructed an eight-building addition and associated rental office at the Seasons Resort in 2003. The structures had steps and other features that made it inaccessible to persons with disabilities.

Under the terms of the settlement, Galveston Portfolio must take corrective actions such as removing steps, replacing steeply-sloped walkways and adding accessible parking to make public and common use portions of the property accessible to persons with disabilities, including wheelchair users. They must also construct a new apartment building with 24 accessible units as well as a new accessible rental office and establish a $75,000 settlement fund for people the lack of accessible features at the Seasons have harmed. The settlement also requires Galveston Portfolio and Gartrell obtain training on the requirements of the FHA and ADA and ensure any future housing they design or construct complies with FHA and ADA requirements.

Persons who lived at or sought to live at the Seasons Resort and were denied housing or otherwise harmed because the complex was not accessible may be entitled to monetary compensation through today’s settlement. Such persons can contact the Justice Department toll-free at 1-800-896-7743 mailbox #94 or via email.

The FHA prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. The FHA requires all multifamily housing constructed after March 12, 1991, to have basic accessibility features, including accessible routes without steps to all ground-floor units. The ADA requires places of public accommodation, such as rental offices at multifamily housing complexes designed and constructed for first occupancy after Jan. 26, 1993, be accessible to persons with disabilities.

Outcome: Justice Department settles Galveston disability-based housing discrimination lawsuit

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