Man alleges disability discrimination against Ryan Homes

A man who relies on a wheelchair to get around filed a federal class-action lawsuit on Wednesday against Ryan Homes for failing to make its local sales offices accessible to people with limited mobility.

John Egan, of Shaler, alleges in the complaint that the company is violating the federal Americans with Disabilities Act.

According to the lawsuit, Egan began looking for a new home in early 2020. Initially, he considered buying in the Ryan Homes’ Middlesex Crossing development in Valencia.

Before visiting there, the complaint said, Egan called to ensure the location could accommodate his wheelchair. He was told it could.

“On arriving at Middlesex Crossing, plaintiff learned that there was no accessible route to the entrance of the development’s sales office,” the lawsuit said.

The office — like others operated by Ryan Homes — was in the garage of one of the model homes, according to the lawsuit.

To reach it, a visitor had to pass through the house’s front door — which was up steps.

The garage door was not operable, the complaint said. So, Egan had to meet the company’s agent outside in the rain.

“He left feeling angry and humiliated,” the lawsuit continued.

Despite that, Egan decided to visit the company’s Twin Oaks development in Buffalo Township.

He said he encountered the same scenario.

Egan contacted the company’s division manager, the lawsuit said, and got a response in a text message, “Our corporate policy meets ADA requirements by having accessible models within a reasonable distance.”

Although Egan was still angry, the complaint said, he “decided to continue negotiating with and ultimately purchase a house from defendant, despite this and subsequent incidents, because few developers in the area offer single-level homes at a comparable price.

“This decision should not be interpreted as minimizing his frustration with this situation,” the lawsuit said.

During the building process, Egan contends he was told that all meetings will happen at Ryan Homes’ Weatherburn Heights development in Mars — 12 miles from Twin Oaks.

“Plaintiff’s desire for an accessible sales office is neither outlandish nor unreasonable,” the lawsuit said.

Ryan Homes was founded in Pittsburgh in 1948 and has constructed more than 400,000 homes, according to its website. Its parent company, NVR Inc., is based in Reston, Va., and according to the complaint, reported $1.3 billion in profit in 2019.

A message left with NVR was not immediately returned.

The lawsuit notes that one of the company’s local competitors, Dan Ryan Builders, also has its sales offices in model home garages. However, Dan Ryan Builders has an accessible entrance through the garage door space.

Egan alleges that Ryan Homes could use one of its upgrades by putting a side garage entrance on its offices, but chooses not to. That, the lawsuit said, is “is evidence that the inaccessibility plaintiff experienced is not isolated, but rather, caused by defendant’s systemic disregard for the rights of individuals with disabilities.”

The lawsuit seeks an injunction that would make Ryan Homes’ facilities accessible and to modify policies that have allowed there to be inaccessibility.

Investigators visited 11 housing development locations owned or operated by NVR on Egan’s behalf, the lawsuit said.

“They found that no routes to the sales offices … could be navigated without traversing steps.”

Those locations included Indiana Township, South Park, Collier, all in Allegheny County; Zelienople, Valencia and Cranberry in Butler County, and Penn Township, Westmoreland County.

Egan has filed at least two other federal, class-action lawsuits based on the ADA.

In 2017, he sued Pyramid Hotel Group, which operated the Sheraton in Station Square. Although the property’s website said it provided complimentary wheelchair accessible transportation, when Egan attempted to confirm that, he was told the hotel did not provide such a service and that he’d have to find alternative transportation.

Also in 2017, Egan filed a class action against Live Nation Worldwide for failing to offer wheelchair-accessible seats for sale during a pre-sale event for a Counting Crows show at Key Bank Pavilion.