“The nearly $40 million settlement here demonstrates our commitment to ensuring municipalities receiving federal funds comply with federal law,” McNally said. “We will continue to work with the City of Los Angeles to ensure equal access for individuals with disabilities.”
The United States intervened in the civil action in 2017 and filed a complaint alleging the city violated federal accessibility laws for more than a decade. The United States alleged that the housing built in the city was not structurally accessible due to several failures, including countertops that were too high, thresholds that did not allow for wheelchair accessibility, and slopes that were too steep.
HUD provided grant funds to Los Angeles and other cities to support housing, including building and rehabilitating affordable multifamily housing. As a requirement to receive the funds, recipients must comply with federal accessibility laws—section 504 of the Rehabilitation Act, Americans with Disabilities Act, and the Fair Housing Act, according to the DOJ.
Those laws prohibit discrimination against those with disabilities. Five percent of all units in houses receiving federal assistance must be accessible for people with mobility impairments, and an additional 2 percent must be accessible for people with visual and auditory impairments.
Federal fund recipients must also implement other housing-related accessibility requirements, including maintaining a publicly available list of accessible units with a description of their accessibility features. Grant recipients must also adopt policies and procedures to ensure that people in need of particular units’ accessibility features occupy them. One city employee must also be designated to coordinate accessibility efforts.
The United States also alleged that the city failed to maintain a publicly available list of accessible units and their accessibility features and knowingly and falsely certified to HUD annually that it complied with the grant requirements.
“In this instance, HUD determined that the City of Los Angeles fell far short of its responsibilities to provide HUD-funded accessible housing, but the settlement agreement provides a fresh start for HUD and the City to work collaboratively to address the City’s pressing housing needs.”