If there aren’t substantial consequences for violating government regulations and contracts what I’d actually stopping people from just ignoring them? We have laws for a reason. And those laws need to have teeth.
To let a company hide behind an innocent third party, deliberately to avoid consequences makes it even worse. For a company to even try is shameful.
Either the company makes it right and updates the building to align with the regulations, or it pays to relocate the residents it’s hiding behind and tears down the building at whatever expense that involves, or it gives up the building, the leases, and any income from the building to the the government.
Nobody says you can’t punish them. Seize the building and use it for affordable housing, for example. Just don’t tear down homes during a housing shortage.
You know what home probably isn’t up to code and isn’t accessibility-compliant? The one you live in, probably. My house has front stairs.
Considering my home is a single family dwelling, it is accessibility compliant since I don’t have compliance to meet and the house certainly didn’t have one when it was built 70 years ago. That’s a straw man argument and not what we are discussing.
We are talking about a new construction that wasn’t compliant at the time it was built, who leased out the apartments knowing it wasn’t compliant.
I did list the government taking ownership as an option. Along with mandating them to bring it into compliance. Considering they also built larger than they were allowed to, its not like they could shrink the building though.
If the building was designed with flagrent disregard for the planning committee and disability accessibility requirements, what else did they decide wasn’t important to follow? Fire code? Building standards? In my opinion, these things put the whole building in question.
A housing shortcut shouldn’t mean we accept people living in substandard or potentially dangerous housing.
So a wealthy person’s million dollar property doesn’t need accessibility, but a poor person’s apartment does, and if it doesn’t the state will throw them out to protect them from the inaccessible apartment building.
The reasonable thing to do is fine the builder and move on.
For old and wealthy and fashionable gentrified buildings, we accept or work around their inaccessibility. For new buildings, it must be made accessible no matter the cost?
The building exists now. At this point refitting it to be accessible is no easier for it than for your house. Maybe a good deal harder.
I’m not arguing the builder shouldn’t be punished. Of course they should.
My point is the building shouldn’t be mangled or destroyed to bring it into complaince when plenty of older buildings are considered fit for purpose with the same flaws.
Sure, the law says your house is allowed to be inaccessible and this building is not. That might be the law but it doesn’t make it justice.
You are comparing apples to oranges. You simply cannot equate single family dwelling and shared living. It’s a disingenuous argument.
A single family dwelling, regardless of wealth, does not require disabled access. It’s a private residence and not a business. If a disabled individual wanted to purchase a residence, they would have the onus of making it accessible to their specific needs. As it is theirs. There is no implied public access. People are not allowed in my home unless invites.
An apartment building is a business, no matter how you want to try and frame it. If people are paying rent, there is a business transaction.
Business are required to meet accessibility requirements. Public spaces like gymnasiums (even if restricted to tenants) require accessibility.
At this point, I’m not sure why I’m arguing on this point. Any comparison to a single family dwelling is fallacious and continuing to argue the point would be pointless.
For “old and wealthy and fashionably gentrified” building you’ve entirely misinterpreted the situation. Wealth and gentrification don’t play in at all. Age certainly does. Many accessibility requirements were not on the books when they were built. There are many low income building that have poor access grandfathered in.
I don’t like that someone loses housing. I don’t like that there is a housing shortage. But to allow the building to stand while in violation of all the planning is a bad situation.
Forcing the company to pay for relocation, any difference in rent, and any increased transportation costs from the move to compensate the inconveniences residents seems like a good compromise.
Then the land can be used for not shit housing.
Comer Homes Group sounds like a real asshole company.
I’m sure they are. Just not fond of “destroy perfectly functional homes and evict their occupants because the builder didn’t build exactly what was agreed upon”.
Sounds like they aren’t perfectly functional, and Comer was warned not to lease them out. I’m not sure what the answer is though. I agree that it sucks if tenants are forced to move, but there should be some option. Maybe make Comer pay for relocation expenses for tenants as well?
From reading the article it’s worse than that - for example it’s meant to have disability access and they just didn’t because it’s cheaper. They also had no planning permission for what they did build.
I’m not really sure how tenants are already in there as you say, likely that regulation needs to be improved and the current ones recompensated for their move.
