# West Virginia Metro Property Management Violated Federal Law



## mark handler (Oct 6, 2014)

Justice Department: West Virginia Metro Property Management Violated Federal Law

Alex Wiederspiel

Last updated on October 01, 2014

The Federal Government is taking one of Morgantown's biggest property management companies to court.

Metro Property Management, also known as Biafora Incorporated, which is made up of 11 different companies that manage properties in Morgantown, Fairmont, and Bridgeport is being sued by the Justice Department for violating the Fair Housing Act and the Americans With Disabilities Act.

They're accused of failing to provide fair access to housing in apartments that they currently run and apartments that they're building. One of the chief complaints laid out by the Justice Department is a failure to build an elevator in multi-story buildings.

Also in the complaint, the Justice Department accuses Metro of failing to build accessible entrances with accessible routes, failing to make sufficiently wide entrances for people in wheelchairs, failing to adapt light switches, electrical outlets, thermostats, and other environmental controls to accessible locations. The complaint also specifies a lack of usable kitchens and bathrooms.

The Justice Department also cites that none of these buildings contain reinforcements in bathroom walls to allow for the later installation of grab bars.

Included in the lawsuit are:

Morgantown

- Ashley Oaks on McCullough Street

- Burroughs Place on Burroughs Street

- City Gardens on N. Willey Street

- Courtyard West on Willey Street

- Glenlock and Glenlock South on University Avenue

- Grapevine Village on Airport Boulevard

- Metro Towers Northeast and Metro Towers East

- Metro Towers West on University Avenue

- Mountainview on Mt. Golf Drive

- Orchard Crossing

- Pinecrest Office Plaza and Apartments

- Skyline on Van Gilder Street and Prostman Street

- Stonewood on Valley View Avenue

- Two buildings at Valley View Woods on Valley View Avenue

- The Villages at West Run on Eagle Run

- Vista Del Rio on Scott Avenue

Fairmont

- Crosswinds at Crosswinds Court

- Falconcrest on Locust Avenue

- The Woodlands on Airport Road

Bridgeport

- Crestview Apartment Homes at Crestview Terrace

- The Gables at Gables Place

- Parkview Apartment Homes at Charles Point

Disability advocates claim that failures like these are not only in violation of the law, but can isolate disabled people from their communities.

Metro Property Management told 5 News today that they had no comment because the matter was in litigation.

Biafora Incorporated (Metro Property Management) includes the following companies, which are included in the lawsuit: Falconcrest LLC, Five Star Holdings LLC, Metro Rentals LLC, Metro Rentals II LLC, RDR Properties LLC, RDR Properties II LLC, The Gables LLC, The Woodlands LLC, 3BT LLC, CMC Company LLC.

You can read the full complaint here

http://www.justice.gov/sites/default/files/press-releases/attachments/2014/09/30/biafora_complaint.pdf

and the press release here.

http://www.wdtv.com/wdtv.cfm?func=view&section=5-News&item=Justice-Department-Files-Lawsuit-Alleging-Disability-Based-Discrimination-by-Biafora-Incorporated-18508


----------



## mark handler (Oct 6, 2014)

Developer has to pay for violating ADA

CHARLESTON, W.Va. — A Charleston developer has agreed to pay fines, set up a compensation account and retrofit 30 apartment complexes that were not in compliance with the Americans with Disabilities Act.

http://wvmetronews.com/2014/09/30/developer-has-to-pay-for-violating-ada/

The settlement between Douglas Pauley and the U.S. Department of Justice was announced Tuesday.

The DOJ said Pauley has more than 750 apartments in West Virginia that have accessibility barriers. Under the settlement agreement he and his affiliated entities will spent $1.7 million to make those apartments easier for those with disabilities to get around in including those in wheelchairs.

The corrective actions include “replacing excessively sloped portions of sidewalks, installing properly sloped curb ramps to allow persons with disabilities to access the sidewalks from the parking areas, replacing cabinets in bathrooms and kitchens to provide sufficient room for wheelchair users, and reducing door threshold heights.”

Pauley and others will pay $100,000 to set up a settlement fund for compensating those impacted by the violations. He was also fined $10,000.

Persons who believe they were subjected to unlawful discrimination at one of those properties either when they lived there or considered living there should contact the Justice Department toll-free at 1-800-896-7743 mailbox # 9993 or e-mail the Justice Department at fairhousing@usdoj.gov.


----------



## ICE (Oct 6, 2014)

mark handler said:
			
		

> Developer has to pay for violating ADAPersons who believe they were subjected to unlawful discrimination at one of those properties either when they lived there or considered living there should contact the Justice Department toll-free at 1-800-896-7743 mailbox # 9993 or e-mail the Justice Department at fairhousing@usdoj.gov.


It couldn't get much easier to get some of that guy's money.....for nothing.


----------



## MASSDRIVER (Oct 6, 2014)

ICE said:
			
		

> It couldn't get much easier to get some of that guy's money.....for nothing.


I think I remember considering living there...yea, that's the ticket.

Brent.


----------



## ADAguy (Oct 7, 2014)

Says a lot about the WV building departments and WV's AG.


----------



## mtlogcabin (Oct 7, 2014)

ADAguy said:
			
		

> Says a lot about the WV building departments and WV's AG.


It is not a WV building department or WV AG's responsibility to enforce Federal law



> West Virginia Metro Property Management Violated Federal Law


----------



## ADAguy (Oct 7, 2014)

Is not their building code language suppose to impliment ADA Standards?

Had this been enforced this might not have been an issue.


----------



## mtlogcabin (Oct 7, 2014)

ADAguy said:
			
		

> Is not their building code language suppose to impliment ADA Standards?


ADA is not a standard it is a civil rights law.

1.7 million on 750 apts with an average rent of $500.00 per will result in a 4.5 months of lost revenue. Probably have to raise the rent about $100.00 per month to get a 2 year payback on what he has to spend. I wonder what the vacancy percentage rate will be with the increased rates?

There is always that law of un-intended consequences that follow every decision. In this case it might be the displacement of people who will not be able to afford a rent increase.

Maybe Pauly has 1.7 million sitting around waiting for him to spend it on something and the rents won't be increased.


----------



## mark handler (Oct 8, 2014)

mtlogcabin said:
			
		

> It is not a WV building department or WV AG's responsibility to enforce Federal law


Also in violation of ARTICLE 11A: WEST VIRGINIA FAIR HOUSING ACT.

A WV state law, WVAG's responsibility to enforce


----------

