Justice Department Sues Pennsylvania Over Discriminatory Code Requirements That Restrict Community-Based Housing for People with Disabilities

The Justice Department announced today that it filed a lawsuit against the Commonwealth of Pennsylvania, Pennsylvania Department of Labor and Industry and Pennsylvania Department of Human Services to challenge discriminatory code requirements that deny or limit the availability of community-based housing for people with intellectual disabilities and autism.

"People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The failure of the Commonwealth's building code to take into account the specific needs and the capacity of people with disabilities illegally denies them access to housing opportunities. Through vigorous enforcement of the Fair Housing Act, the Justice Department is committed to ensuring that building requirements, zoning restrictions and land use codes are not abused and manipulated to deny people with disabilities their right to live integrated in their communities."

"Although expensive fire prevention methods, like automatic sprinklers, may reduce personal injury and damage to property, Pennsylvania cannot require individuals with disabilities to obey this code requirement without assessing their unique and specific needs," said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. "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. This office will continue to enforce the Fair Housing Act and partner with the Justice Department's Civil Rights Division to ensure our disabled citizens share the same rights as their neighbors."

Under the Commonwealth's Uniform Construction Code, which all local governments must follow, every "community home" for persons with intellectual disabilities and autism must install, at their own expense, an automatic sprinkler system. No other single-family home, including newly constructed homes, is required to install automatic sprinklers. "Community homes" allow people with intellectual disabilities and autism to live in a family-like setting in the community, alongside people without disabilities. Such homes in Pennsylvania have an average of 2.3 residents and may have no more than four residents. The Commonwealth already requires community homes to comply with numerous fire and safety regulations, including regular fire drills verifying that the residents are able to evacuate in under two and one-half minutes.

Pennsylvania's building code, however, classifies community homes for persons with intellectual disabilities and autism as "facilities" and requires them to install automatic sprinkler systems, regardless of how old the home is or how capable the residents are to evacuate notwithstanding their disabilities.

Sprinkler system requirements limit the availability of housing in several ways. First, landlords in rental housing may refuse to allow sprinkler systems to be installed because their appearance, which includes long, exposed metal pipes, may render a home less marketable to future tenants and is reminiscent of the institutional facilities community homes were intended to replace. Second, sprinkler systems often cannot feasibly be installed in individual apartments, thus eliminating their ability to be used as community homes. Finally, as the department's investigation found, sprinkler systems cost, at a minimum, nearly $10,000 to install in a small, single-family home, but these costs may triple when local water utilities require sprinkler systems to have their own water line. These costs may exceed the financial means of many community home operators and may force others to operate larger, less individualized homes.

The lawsuit seeks injunctive relief, including an order requiring the Commonwealth to allow local governments to assess the need for automatic sprinklers in community homes based on the unique and specific needs and abilities of each home's residents, as well as monetary damages.

The Justice Department's Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals may report housing discrimination by calling the Justice Department's Housing Discrimination tip line at 1-833-591-0291 or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.

Individuals who have information on community homes being required to install automatic sprinklers in Pennsylvania or who have other information that may be relevant to this case may contact the Justice Department's Housing Discrimination tip line at 1-833-591-0291, press 1 for English; press 1 for discrimination in housing; and press 9 for the United States v. Pennsylvania lawsuit mailbox. Individuals can also email the Justice Department at [email protected].