United States v. Edward Rose & Sons

Edward Rose & Sons (defendant) built 19 apartment buildings sharing a floor plan in which the front door, closest to the parking lot, could be reached only by descending a short set of stairs with no handicapped-accessible alternative, while a rear door was handicapped-accessible. The government (plaintiff) sued under the Fair Housing Act (FHA), arguing the front door — used by most residents and visitors because of its proximity to parking — was the building's primary entrance, and that the stairway leading to it was a common area because it was flanked by separate apartments. The district court granted a preliminary injunction against continued construction, and Rose appealed.