Disability Law Center v. Coyote Creek Apartments LLC, Overland Construction Corporation, and Curtis Miner Construction (Filed June 30, 2022 in federal district court)

Coyote Creek Apartments is a recently constructed multi-building apartment complex located at 1165 E Bulloch St., Washington, Utah 84780, which contains multiple apartments and townhomes, all of which are covered dwelling units as defined by the FHAA. Coyote Creek Apartments LLC is the owner of the multi-building apartment complex. Curtis Miner Architecture, LC, is the architect who designed the multi-building apartment complex. Overland Construction Corporation is the builder who constructed the multi-building apartment complex. As alleged in the Complaint, on October 27, 2021, the DLC performed disability-based in-person tests of adherence to fair housing laws at Coyote Creek Apartments.

During this time, the testers observed the following, all of which are FHAA violations: (1) the in-unit temperature controls located at 57” above the ground; (2) inaccessible kitchen controls relating to the oven hood; and (3) an insufficient number of marked, accessible parking stalls. Additionally, when one of the testers inquired to the leasing agent regarding whether or not the bathroom walls were reinforced in a manner which would allow the installation of grab bars, as required by law, the leasing agent said she did not know. The DLC believes its testing shows that Defendants designed and/or constructed the covered multi-family dwellings and common use areas at Coyote Creek Apartments in violation of 42 U.S.C. 3604(f)(3).

The DLC further alleges that because of Defendants’ discriminatory design and construction of the facility, it was forced to divert limited resources from other fair housing-related activities to investigate. This violation of the design and construction requirements frustrates the DLC’s mission to enforce and strengthen fair housing opportunities. In April of 2023, the DLC settled its design and construction case against all Defendants. The settlement included components aimed at addressing the accessibility concerns identified by DLC testers.