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Illinois Attorney General Lisa Madigan announced June 8 that she has filed a lawsuit against real estate developer Thomas Roszak and his related businesses for failing to comply with accessibility laws in the design and construction of an Evanston condominium complex at1720-1740 N. Oak St
. The complaint alleges that the developer has left new condo buyers, including several with disabilities that require accessible features, with no accessible means for entering and exiting their condominium building.
“The developer has failed to ensure that the newly-built residences are safe and accessible as required under the law,” Ms. Madigan said. “The accessibility standards have been in place for more than 20 years. There is no excuse for putting residents and visitors with disabilities in danger by failing to ensure that there is an accessible path in and out of these complexes.”
According to the complaint, the defendants told persons with disabilities that the property would be easily accessible to people with disabilities. The developer, however, did not finish the project, leaving an excavated pit where the accessible route for people with disabilities was planned, the complaint alleges. As a result, there is no accessible entrance for people with disabilities; and other residents and visitors can only enter the development through a cumbersome, inaccessible path that requires trespassing through an unaffiliated parking garage, the complaint alleges.
The complaint seeks orders compelling defendants to make the condominium units accessible and seeks to impose civil penalties under the Illinois Consumer Fraud Act, the Illinois Human Rights Act and the Environmental Barriers Act.