DaytonDailyNews.com

TROY — The Ohio Civil Rights Commission has filed a fair housing complaint against the developers and operators of the 204-unit Towne Park Apartment Homes, claiming the complex's apartments and common areas are not accessible to the disabled.

The action filed in Miami County Common Pleas Court claims an inspection done in November following a complaint by the Miami Valley Fair Housing Center found inaccessible features such as knob-type hardware on front entry doors to ground-floor units and common areas; inaccessible shower stalls in a common area; thresholds exceeding the maximum allowable change in level; and parking spaces exceeding the maximum allowable surface, among others.

The commission said the preliminary investigation showed "it is probable unlawful discriminatory practices have been or are being engaged in." It said conciliation was attempted, but failed to resolve the claims, leading to the court action.

The apartments were built during the past five years. The complex includes nine apartment buildings, clubhouse, fitness center, tanning room and billiards room.

Named in the complaint are S.C. Bodner Co. Inc. of Indianapolis, identified as a real estate developer involved in development and initial manager of the property; Michael E. Cope of MECA Design Group of Greenwood, Ind., project architect; MBA Construction Corp., a corporation dissolved in 2005 and listed in care of Bodner, involved in project construction; Towne Park PML of Columbus, current manager; and Towne Park SPE of Marion, Ohio, current owners.

Bodner did not return a call for comment.

Towne Park PML and Towne Park SPE are included in the suit as possible participants in any retrofitting ordered, according to the claims.

The commission asks the court to:

• Rule S.C. Bodner Co., Cope and MBA Construction engaged in a pattern or practice of resistance to people's rights to accessible facilities.

• Order retrofitting of inaccessible features and maintain accessibility of housing and common areas.

• Order defendants to make the accommodations available to the disabled.

• Prohibit Bodner Co., Cope and MBA Construction from designing or constructing multifamily dwellings without accessiblity and adaptability features.

• Order Bodner Co. and Cope to repay Ohio Civil Rights Commission for its expenses in the case such as expert costs and other expenses deemed appropriate in an amount in excess of $25,000.

Contact this reporter at (937) 225-2292 or nbowman@DaytonDailyNews.com.