United States Of America V. Aqua 388 Community Association Et Al

Case Background

On April 03, 2024, the United States of America filed a Fair Housing Act (FHA) lawsuit alleging disability discrimination on behalf of Dr. Emma Adams against the managers of the condominium she resided in. The lawsuit revolved around the refusal of condominium managers and associated entities to provide a reserved, van-accessible parking space for Adams, a paraplegic resident. Later on, Adams filed an intervenor complaint seeking a jury trial for compensatory and punitive damages.

This lawsuit was filed in the United States District Court, California Central (Western Division – Los Angeles). It was assigned to Judge Stanley Blumenfeld, Jr and referred to Magistrate Judge Jean P. Rosenbluth. [Case number: 2:23cv2498]

Cause

Defendant Aqua 388 Community Association (“Aqua 388”) managed the common areas of a high-rise condominium at 388 East Ocean Boulevard in Long Beach, California. Aqua Maintenance oversaw the shared parking garage, while FirstService Residential managed the property. Christopher Harrington served as the General Manager, and Rebecca Hawkins acted as the Management Agent.

The property included 888 parking spaces, with only 19 designated for individuals with disabilities. Of these, four were suitable for wheelchair-accessible vans. Plaintiff Dr. Emma Adams, a resident with paraplegia who uses a wheelchair, faced significant challenges accessing a van-accessible space after purchasing her unit in 2016.

Dr. Adams requested reasonable accommodations six times, beginning in January 2017. She explained her need for a space with eight feet of clearance to deploy her van’s ramp. Each time, Defendants denied her requests, citing deed restrictions or offering temporary solutions, such as access to all garage levels. Dr. Adams often spent hours circling the garage, waiting for a suitable space. On several occasions, she received parking citations for using accessible spaces beyond a three-day limit.

In 2020, three years after her initial request, Defendants marked a van-accessible space as reserved for Dr. Adams. However, the space retained universal accessibility symbols, leading to confusion and occasional unauthorized use. Dr. Adams continued to experience stress and uncertainty, fearing she might lose access to the space when returning home.

Damages

As a result of this conduct, Dr. Adams suffered significant harm, including physical pain, emotional distress, and financial losses, qualifying her as an “aggrieved person” under federal law.

The United States initiated this case on her behalf in April 2023 under the FHA’s provisions to secure both injunctive relief and monetary compensation.

In October 2023, the Court granted the United States’ motion for partial summary judgment on liability. The ruling determined that the Defendants had failed to reasonably accommodate Dr. Adams’ repeated requests for an assigned, van-accessible parking space at their condominium complex.

Following this decision, Dr. Adams filed an intervenor complaint on January 23, 2024, to pursue monetary damages through a jury trial.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): United States of America [Terminated: 01/22/2024] | Emma Adams
    • Counsel for Plaintiff(s): Matthew Jimenez Barragan, David Heitner, and Margaret Ming Chen for USA |  Russell Lasser Kornblith, Brent A Hannafan, Eugene Paul Sands, Kevin H. Sharp, Alok Nadig, Rachel Yue Zhang, and Matthew Lichtblau for Emma Adams
  • Defendant(s): Aqua 388 Community Association | FirstService Residential California, LLC | Rebecca Hawkins | Christopher Harrington | Aqua Maintenance Corporation
    • Counsel for Defendant(s): Stephen Edward Abraham | Melissa T. Daugherty | Roger Barry Frederickson | Mark S. Posard | Brett Graham Hampton

Claims

It was alleged that the Defendants violated Dr. Emma Adams’ rights under the Fair Housing Act. The Defendants discriminated against Dr. Adams by imposing unfair terms, conditions, and privileges on the sale or rental of her home. They also denied her equal access to services and facilities due to her disability. Additionally, they refused to make reasonable accommodations in their rules, policies, or practices, even though such adjustments were necessary for Dr. Adams to enjoy and access her home equally. It was claimed that the Defendants acted willfully and intentionally, disregarding Dr. Adams’ federally protected rights.

On April 2, 2024, the Court approved the parties’ joint stipulation that Plaintiff would not seek damages against Defendant Rebecca Hawkins. On July 12, 2024, the jury in the original trial found Defendant Christopher Harrington not liable for compensatory or punitive damages.

Defense

The Defendants denied violating the Fair Housing Act, arguing that Dr. Adams purchased her condominium in December 2016, along with a deeded parking space, without raising the need for an accessible parking space at the time of sale. They claimed to have accommodated her request by assigning an accessible space in May 2019, allowing her to keep her original parking space as well, providing her with two spaces—more than other residents received. The Defendants contended that they complied with federal accessibility standards but disagreed with additional demands from Dr. Adams, such as unique signage and employee terminations. They argued that the lawsuit lacked merit, asserting Dr. Adams sought unnecessary remedies despite receiving significant accommodations.

Jury Verdict

On December 19, 2024, the jury found that Defendants Aqua 388, Aqua Maintenance Corporation, and FirstService Residential California, LLC’s wrongful conduct was a substantial factor in causing Plaintiff harm. Accordingly, the jury awarded Plaintiff $7 million as compensatory damages.

The jury also found Defendants Aqua 388 and Aqua Maintenance Corporation liable for punitive damages. In Phase Two, punitive damages of $100,000 and $300,000 were imposed on Aqua 388 and Aqua Maintenance respectively. The verdict totaled $7.4 million in this Fair Housing Act litigation.

On December 23, 2024, Judge Stanley Blumenfeld, Jr. entered a final judgment consistent with the verdict.

Court Documents:

Available for purchase upon request