Developer settles suit for disabled access

A major residential developer sued by the state over disabled access has settled by agreeing to retrofits at a Bellport rental complex, said state Attorney General Eric Schneiderman.

Texas-based Trammell Crow Residential will make fixes to the 795-unit Atlantic Point Apartments, set aside a $75,000 restitution fund for tenants' claims and hire a consultant to inspect the fixes, according to the deal.

Changes to the common areas must be done within a year, including putting in handicapped parking and creating accessible paths to common areas, such as mailboxes and the pool, Schneiderman said. Apartment retrofits, including wider doorways to accommodate wheelchairs, must be done within three years, his office said.

Unlike others in a wider probe on disabled access at housing complexes, Trammell Crow Residential did not settle last year after a state-hired architect reported problems. Andrew Cuomo, who was then attorney general, sued.

"It's just been recently that we found some common ground, and we were able to achieve an amicable settlement," said Scott Woodward, the developer's risk manager. He said he could not discuss the agreement because it was confidential.

Cuomo started in 2008 to look at whether fair housing and accessibility laws were being met. Undercover testers visited properties and told rental agents they were looking for a rental on behalf of a relative in a wheelchair.

Atlantic Points Apartments is a 117-acre luxury housing project completed by the developer in 2004. It's now owned by Pantzer Properties, a Manhattan-based real estate investor.

Under the agreement, tenants will get notices about the law and retrofits, Schneiderman said. Those who felt they were harmed by the developer's failure to meet disability access laws can file for restitution to his office, he said.

Also, before starting any construction in the state, Trammell Crow Residential must certify to the state attorney general that the project complies with accessibility laws.