Feds Sue PA Over Discriminatory Housing Practices

PENNSYLVANIA — The U.S. Department of Justice has filed a federal civil rights lawsuit against Pennsylvania and two of its government agencies, claiming the state's "discriminatory" regulations make it harder for people with disabilities and autism to live in community-based housing.

The lawsuit, filed Tuesday by the U.S. Attorney's Office for the Middle District of Pennsylvania, names the Commonwealth, the Pennsylvania Department of Labor and Industry, and the Pennsylvania Department of Human Services as defendants.

According to the lawsuit, current state building code requires all community homes for people with disabilities or autism to install automatic sprinkler systems at the expense of residents.

No other single-family homes in Pennsylvania, including new residences, are required to install automatic sprinklers, prosecutors said.

According to the lawsuit, Pennsylvania’s building code classifies community homes for people with intellectual disabilities and autism as "facilities," which requires them to install sprinkler systems, regardless of how old the home is or how capable residents are to evacuate if necessary.

Prosecutors said requiring such systems limits housing availability because landlords may refuse to install them due to their undesirable appearance. Systems also cannot be installed in apartments, which eliminates the ability to use them as community homes.

An investigation by federal officials found that sprinkler systems cost, at minimum, $10,000 to install in a small, single-family home. These costs may triple if local water utilities require sprinkler systems to have their own water line.

“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,” U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania said in a release.

According to prosecutors, the state already requires community homes to comply with numerous fire and safety regulations, including regular fire drills.

“People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a release.

The lawsuit is seeking an injunction that would require the state to allow local governments to assess the need for automatic sprinklers in community homes based on the specific needs of each home’s residents, as well as monetary damages.