A would-be Towson University student with muscular dystrophy filed a lawsuit against the school claiming violations of the Fair Housing Act.
Mark Kuchmas, 28, of Nottingham, uses a wheelchair because of Fredericks Ataxia Syndrome, a progressive nervous system disorder and type of muscular dystrophy.
He was enrolled to begin classes in spring 2006, but said the university told him on-campus housing was not available at that time.
He said the college recommended off-campus housing and Kuchmas signed a lease for an apartment at Millennium Hall, which opened in 2000. But he never stayed there because of problems, especially with the shower.
The shower bench “wasn?t the same height as my wheelchair. They said there weren?t studs in the wall where they needed to move it,” Kuchmas said.
Eight other defendants have been named in the lawsuit filed in December, including Capstone Development Corp. and Collegiate Housing Foundation, owners of Millennium Hall; Can-Do Construction Co. and PGAL Architects.
“The defendants have failed to design, construct and operate Millennium Hall in compliance with federal disability discrimination laws,” according to the complaint, filed in Maryland?s U.S. District Court.
“Towson also has an obligation under the federal Rehabilitation Act to make at least 5 percent of its dormitory rooms accessible and we don?t believe that they?ve complied to that,” said Andrew Levy, Kuchmas? attorney, said. “Millennium Hall, when it was built, also had obligations under 1991 Fair Housing legislation.”
A spokeswoman for the university disputed the claims.
“Towson University did not discriminate against Mr. Kuchmas by failing to accommodate his housing needs as his federal complaint alleges,” Carol Vellucci said in a written statement.
“Mr. Kuchmas never resided in a university residence hall and was never turned down for university housing because he requested ?accessible housing? as his complaint alleges.
“Rather, Mr. Kuchmas contracted exclusively with Millennium Hall for housing, and Millennium Hall is a privately owned and operated housing facility for which the university is not responsible.”
Even though Millennium Hall is owned by Collegiate Housing Foundation, it is on property owned by Towson University, said foundation President Lee Covey.
Millennium was built with funding from a tax-exempt bond issued by the Maryland Economic Development Corp., and the contract said the building would be donated to Towson once the 25- to 30-year mortgage is paid off, he said.
Kuchmas is seeking compensatory and punitive damages, attorney?s fees, expenses and costs.
