ADA Inspections Nationwide, LLC
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ADAIN Blog

by Richard Acree of ADA Inspections Nationwide, LLC

Gallatin Park Apartments (TN) Included in ADA Lawsuit for Discrimination

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The Gallatin Park Apartments in Gallatin, TN, are included in a DOJ lawsuit alleging Americans with Disability Act (ADA) disability-based discrimination by owners and developers of 82 apartment complexes in 13 States.

The DOJ and the U.S. Attorney’s Office for the Southern District of Ohio recently announced the filing of a lawsuit against Ohio-based Miller-Valentine Operations Inc. and affiliated companies, owners, developers and builders of 82 multifamily housing complexes

The Gallatin Park Apartments are located at 271 Albert Gallatin Avenue, Gallatin, TN. It is an apartment rental property with two three-level, 12-unit buildings and one three-level 24-unit building. Gallatin Park Apartments is a Fairway-Type property. It has 48 total units, 16 of which are FHA-covered ground-level units. It has a playground, trash dumpster facilities, and a community building with a leasing office, a multi-purpose room, a kitchen, bathrooms, an exercise room, a laundry room, and a mail area. It was constructed for first occupancy in 2012. Gallatin Park Apartments was developed using Low-Income Housing Tax Credits.

Defendant Gallatin Park Apartments, LLC is the owner of Gallatin Park Apartments, and it participated in the design and construction of Gallatin Park Apartments. Gallatin Park Apartments, LLC is a domestic Tennessee limited liability corporation with its principal office at 9349 Waterstone Boulevard, Cincinnati, Ohio. As of April 2017, MV Gallatin Park Apartments LLC was the controlling member, and MV Special Member LLC was a member, of Gallatin Park Apartments, LLC. As of April 2017, MV Gallatin Park Apartments LLC was a wholly owned subsidiary or special purpose entity of Defendant Miller-Valentine Apartments III LLC and MV Special Member LLC was a wholly owned special purpose entity of Defendant MV Residential Development LLC.

Common discrepancies include: There is no accessible pedestrian route to trash dumpster facilities. There is a running slope exceeding 5% without ramp features on the route to the gazebo. Mailboxes for ground-level units are mounted higher than 54”. Thresholds at some ground-floor unit entry doors and ground-floor unit patio doors have level changes greater than ¼” without a bevel. In some ground-floor units, the doors to the laundry room have clear openings less than 32” wide. In some ground-floor units, the doors to the towel closet have clear openings less than 32” wide. In some ground-floor unit bathrooms, there is less than 30” x 48” clear floor space centered on the lavatory and less than 30” x 48” clear floor space beyond the in-swing of the door. In some ground-floor unit kitchens, the distance between the refrigerator and the opposite-facing wall is less than 40”.

For the complete complaint please see 82 Apartment Complexes Sued by DOJ for ADA Compliance.

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.