FORT WAYNE, Ind. (WANE) — After months of fruitless and frustrating elevator repairs, officials at the Fort Wayne Housing Authority have started the process of buying a new elevator for Brooklyn Manor, a senior living facility at 3626 Brooklyn Ave.

However, officials told 15 Finds Out late Friday night the process could take a minimum of 26 weeks, even on an expedited schedule.

The building’s only elevator was fried by lightning in March.

“The insurance company is still reviewing for approval, but we paid to start ahead of them,” said Dana Christian, the new CEO at Fort Wayne Housing Authority.

“And we have two more residents who have agreed to move downstairs,” she told WANE 15. “Only one remaining holdout (that we know of) that will not accept a lower floor unit.”

In May, 15 Finds Out first reported that residents were calling Fort Wayne firefighters to carry some residents up and down the stairs.

The city now says it will only respond to emergency calls.

The reason behind that decision is the same as the reason Neighborhood Code Compliance has not cited the apartment: a two-story building used for senior living does not require a working elevator.

“Under ADA (Americans with Disabilities Act) Standards and the Indiana Building Code, multi-story facilities are exempt from elevator requirements if they are less than three stories,” said Fort Wayne Fire Department Assistant Chief Jim Murua, who is also the Fire Marshal.

FWFD Chief Eric Lahey agreed, saying the department provided assistance until FWHA could find a solution.

“From what I was told, the FWHA has placed people onsite that can assist,” said Lahey, “and they are currently working to install a stair chair.”   

That was installed at the start of July.

While a number of apartments are required to be wheelchair accessible, the rest of the building is required to have ADA compliance only in public spaces, such as a leasing office, or public restroom or meeting room.

A representative with The League, which advocates for people with disabilities, acknowledges the law, but thinks lawmakers and builders should raise the bar.

“Oftentimes people with disabilities aren’t at the table and aren’t part of these conversations,” said Luke Labus, Inclusion Institute Director at The League.

“That way, you get these laws changed to accurately represent the population these spaces are supposed to serve.”

Do residents who signed a lease to live in a building with a working elevator have any legal recourse?

15 Finds Out asked Indiana Legal Services, which offers free assistance to eligible
low-income residents throughout the state.

“They might have a legal recourse, if the FWHA failed to fix it within a reasonable time,” said Chris Baumgartner, the Managing Attorney with Indiana Legal Services.

Pursuant to Indiana Code 32-31-8-5, the landlord is required to maintain the elevators in a good and safe working condition if they are provided. If the landlord fails to repair the elevator within a reasonable time, then the tenant may sue the landlord and potential remedies can include a court order to make repairs, actual and consequential damages, and attorney’s fees.

Also, pursuant to Fort Wayne City Code 150.08, if a building is equipped with elevators, then at least one elevator must be maintained in operation at all times when the building is occupied.

Indiana Legal Services

“These laws would still apply even if there are other laws (such as the ADA) that would not require an elevator in the building.,” he added.

However, the city of Fort Wayne seems to think the FWHA is working in a reasonable time.

“Neighborhood Code Compliance has documentation that the parts for the elevator have been ordered and once they arrive, it will be repaired,” the city emailed Friday. “The owner has been cooperative and is working to resolve the issue.”