DOJ Sues Pennsylvania Over Housing Discrimination Against Disabled Individuals

On November 19, 2024, the U.S. Department of Justice (DOJ) filed a lawsuit against the Commonwealth of Pennsylvania, alleging that the state's Uniform Construction Code discriminates against individuals with disabilities by mandating automatic sprinkler systems in community homes—a requirement not imposed on other single-family residences.

The DOJ contends that this provision violates the Fair Housing Act by placing undue financial burdens on community homes, which typically accommodate up to four residents with intellectual disabilities or autism. These homes are designed to offer a family-like environment within the community. The sprinkler installation costs, starting at approximately $10,000 and potentially tripling if additional water lines are required, may limit the availability of such housing.

Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division stated, "People with disabilities should not have their housing opportunities stripped away from them by restrictive safety measures that are simply not necessary." She emphasized that the building code's failure to consider the specific needs and capacities of people with disabilities unlawfully denies them access to housing opportunities.

U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania added, "Pennsylvania cannot require individuals with disabilities to obey this code requirement without assessing their unique and specific needs." He highlighted that the state's building code enforcement demands individuals with disabilities living in community homes to incur significant costs for sprinkler installations, while similar housing for those without disabilities is exempt from such expenses.

The lawsuit seeks injunctive relief to allow local governments to assess the necessity of sprinkler systems based on the unique needs of each home's residents, as well as monetary damages.

A spokesperson for Pennsylvania's Department of Human Services responded to the lawsuit, stating, "This lawsuit is misguided." The spokesperson explained that building codes are adopted through a specific process outlined in the law, relying on input from experts to balance safety with economic and other factors. They noted that individuals unable to comply with code requirements can seek variances through local boards of appeals. The statement concluded, "Our Administration will continue to seek a fair balance between safety and access to services, to ensure Pennsylvanians with intellectual disabilities and autism can access the safe housing and assistance they rightly deserve."

The outcome of this case could have significant implications for housing policies affecting individuals with disabilities, potentially setting a precedent for how states implement safety measures without infringing on the rights of vulnerable populations.