FOR IMMEDIATE RELEASE:
October 17, 2024

Equal Rights Center Reaches Agreement to Ensure Accessibility for People with Disabilities at Northeast D.C. Apartment Building

Settlement addresses allegations that Cardinal on 12th violated accessible design and construction requirements.

(Washington, D.C.) — Today, the Equal Rights Center (ERC) announced that it reached an agreement to settle allegations that Cardinal on 12th, an apartment building in Northeast Washington, D.C., contains significant violations of the accessibility requirements of the Fair Housing Amendments Act (FHAA). Per the settlement, respondents Congressional Capital LLC, Congressional 3743 12th Street LLC, Palomar Management Group, and R. Michael Cross LLC, will establish a remedial fund to pay the costs of certain alterations that may be requested by current and future tenants. They will also make a settlement payment to the ERC and its attorneys and attend training on fair housing design and construction requirements.

In November 2023, the ERC conducted an investigation of the Cardinal on 12th apartment building. ERC alleged multiple FHAA violations, including that the building lacked an accessible entrance, accessible mailboxes, accessible openings through bedrooms, accessible routes into bathrooms, and accessible environmental controls.

The Fair Housing Amendments Act was passed in 1988 and amended the Fair Housing Act to prohibit discrimination in housing on the bases of disability and familial status, in addition to race, color, religion, national origin, and sex. It also required housing professionals to make reasonable accommodations to meet the needs of people with disabilities, and established accessibility requirements for multifamily dwellings designed and constructed for first occupancy after March 13, 1991.

ERC Executive Director Kate Scott commented, “A lack of accessible housing is one of the biggest barriers that people with disabilities face today. Through this agreement, we hope to chip away at that barrier and improve housing opportunities for renters with disabilities in the District.”

As an immediate result of the settlement, Cardinal on 12th will inform current tenants that they may request modifications using the remediation fund if the tenant, a household member, or a guest has a disability-related need. Each new applicant for a unit at the property during the next two years will be given the same notice, and Cardinal on 12th will make the requested modifications within 15 days of lease signing.

Available modifications include:

• Installation of an accessible, ADA-compliant wall hung sink, or a modified bathtub, or a shower chair and handheld shower.
• Installation of thermostats, light switches, or duplex outlets between 15 inches and 48 inches above the finished floor.
• Installation of replacement exterior door hardware that does not require pinching or twisting for operation.

The ERC is represented in this matter by Relman Colfax PLLC.

The settlement agreement is available here.

CONTACT:
Nick Adjami, Communications & Engagement Manager
Equal Rights Center
nadjami@equalrightscenter.org, (202) 370-3219

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ABOUT THE EQUAL RIGHTS CENTER: The ERC is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment and public accommodations in its home community of Greater Washington D.C. and nationwide. The ERC’s core strategy for identifying unlawful and unfair discrimination is civil rights testing. When the ERC identifies discrimination, it seeks to eliminate it through the use of testing data to educate the public and business community, support policy advocacy, conduct compliance testing and training, and, if necessary, take enforcement action. For more information, please visit www.equalrightscenter.org.

ABOUT RELMAN COLFAX PLLC: Relman Colfax PLLC (Relman Colfax) is one of the largest plaintiff-side fair housing law firms in the country. Based in Washington, D.C., Relman Colfax has won important legal decisions in civil rights cases, including Independent Living Center of Southern California v. City of Los Angeles (accessibility of municipal affordable housing program), National Fair Housing Alliance v. Spanos (ensuring accessibility in housing design and construction), United States ex rel. Anti-Discrimination Center v. Westchester County (housing desegregation), Kennedy v. City of Zanesville (access to public services), and Baltimore v. Wells Fargo and Memphis v. Wells Fargo (discriminatory lending). More information about the firm and its victories is available at www.relmanlaw.com.