City of Baltimore's Settlement Agreement in ADA Lawsuit Includes $44 Million for Pedestrian Infrastructure

Baltimore Mayor Brandon M. Scott has announced a settlement agreement with a class of plaintiffs that will result in $44 million of improvements to the City’s pedestrian rights of way. The agreement is one component of a partial consent decree. The agreement also will create a program within the City’s Department of Transportation dedicated solely to manage this infrastructure investment.

The IMAGE Center of Maryland, the nonprofit that joined three wheelchair users in filing the class action lawsuit against the City in 2021, said they are happy Baltimore is making this commitment to make sidewalks and curb ramps more accessible to people with mobility disabilities. In 2021, after the lawsuit was filed, Mayor Scott formed a multi-agency task to address Baltimore's ADA compliance and directed it to use all necessary measures to triage current accessibility complaints.

Under the agreement, the City will spend $44 million on its sidewalks and curb ramps over the next four years. This will include $8 million for FY25 and $12 million for each of FY26, 27, and 28. The City also will appoint an ADA coordinator who will: (1) focus on maintaining the pedestrian rights of way; (2) implement a pedestrian inspection program to monitor accessibility on a 10-year basis; (3) institute a maintenance program to clear clutter and vegetation on an annual basis; and (4) communicate to the public about the importance of accessibility to its rights of way. The City and the plaintiffs will renegotiate the terms in four years when the agreement concludes to decide possible future investment.

“As is the case in many historic East Coast cities, the challenge posed by our City’s sidewalks and curbs long predates the Americans with Disabilities Act and adequately changing our infrastructure poses a monumental task,” said Mayor Brandon M. Scott. “However, under my Administration, we are committed to taking every action necessary to set the City on track to come into compliance with the ADA, and ensure Baltimore is more accessible to our disabled community than ever before. As with every deeply-entrenched problem, achieving this goal will not happen overnight, and it will ultimately cost far more than $44 million included in this settlement. But today, we join with all of our neighbors to announce the largest move in this City’s history to make our sidewalks accessible to everyone.”

This settlement must be approved by the City’s Board of Estimates, who will consider the agreement on November 20, 2024.

Read the November 14, 2024 Mayor's Office press release.

Read the November 14, 2024 WJZ CBS News article.

The Maryland Commission on Civil Rights & White Marsh Mall Successfully Conciliate Accessibility Complaint

 

November 13, 2024

In a landmark moment for accessibility and inclusion, the Maryland Commission on Civil Rights (MCCR) has successfully resolved an accessibility case at White Marsh Mall, highlighting its commitment to equal access for all patrons. In 2019, a mall visitor seeking access to the food court discovered that parking spaces designated for people with disabilities had been replaced by electric vehicle charging stations, forcing her to go more than 100 feet from the nearest reserved space. She reached out to MCCR. Guided by MCCR’s Advanced Lead Investigator Ryan Murray, the Commission conducted a thorough investigation, issuing a finding of Probable Cause. Through understanding and empathy, White Marsh Mall then agreed to reinstate accessible parking close to the food court and to address additional barriers, to ensure a welcoming environment for all visitors. “This successful conciliation is more than a solution; it’s a testament to the power of collaboration, advocacy, and a respect for all Marylanders,” said Cleveland L. Horton II, Executive Director of MCCR. “Accessibility is not just a compliance issue; it is a reflection of our commitment to equity and inclusion. By working together, we’re building a state where every resident and visitor can fully participate in public life without barriers.” Murray, who played a pivotal role in this case, expressed admiration for everyone involved. “I am grateful for the courage of the Complainant, who spoke up not only for herself, but for the countless others who may face similar challenges. Her actions demonstrate the importance of standing up for accessibility and inclusivity.” This positive resolution represents Maryland’s dedication to creating spaces that honor the diversity and dignity of all its residents. MCCR's mission is to make Maryland a place free of any unlawful discrimination and where everyone feels they belong.

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Read the November 13, 2024 MCCR press release.

HUD Charges Grapevine, Texas Housing Authority with Disability Discrimination

The U.S. Department of Housing and Urban Development (HUD) has charged the Grapevine Housing Authority (“GHA”); Jane Everett, Executive Director of GHA; and Bonnie McHugh, Vice-Chair of the GHA Housing Commission, with discriminating against, and failure to provide a reasonable accommodation for a tenant with a disability. Read the charge.

The Fair Housing Act prohibits discrimination based on disability. This includes prohibiting housing providers from making housing unavailable to persons based on disability. The Act also requires housing providers to make reasonable accommodation when necessary for persons with disabilities to have an equal opportunity to use and enjoy their homes.

Grapevine is located in northeast Tarrant County in the Mid-Cities suburban region between Dallas and Fort Worth and includes a larger portion of Dallas/Fort Worth International Airport than other cities. The population was 50,631 (2020).

HUD’s Charge of Discrimination alleges that the Grapevine Housing Authority, Ms. Everett, and Ms. McHugh terminated the lease of a tenant with diabetes following a medical episode caused by his blood sugar levels. They subsequently denied his reasonable accommodation request and continued eviction proceedings against him even after his doctor had provided evidence that his symptoms were managed following a change in medication and purchase of a medical alert bracelet.

A US Administrative Law Judge will hear HUD’s charge unless any party to the charge elects to have the case heard in federal district court. If a judge finds, after a hearing, that discrimination has occurred, they may award damages to the complainant for his losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY) or file a complaint here: www.hud.gov/fairhousing/fileacomplaint.

Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications for individuals with disabilities here. More information is available at www.hud.gov/fairhousing.

*****

Read the March 25, 2024 HUD release.

HUD Charges Luxury Condominium in Puerto Rico with Violating the Accessibility Requirements of the Fair Housing Act

The U.S. Department of Housing and Urban Development (HUD) has charged the architectural firm, the general contractor, and the owners for failing to design and construct Quantum Metrocenter Condominiums (“QMC”) in San Juan, Puerto Rico, in accordance with the accessibility requirements of the Fair Housing Act (“Act”) based upon a complaint started by HUD. HUD has also charged some of them with failing to approve a reasonable accommodation request made by two residents due to the inaccessible design and construction features of QMC. Read the Charge. The Act requires multifamily housing built after March 1991 to have accessible features for people with disabilities. The Act also prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit homeowners with disabilities an equal opportunity to use and enjoy their housing. HUD’s Charge of Discrimination alleges that the charged failed to include accessible building entrances on accessible routes, accessible and usable public and common use areas, usable doors in units, accessible routes in units, accessible thermostats, reinforced walls for grab bars in bathrooms, and usable kitchens and bathrooms for persons with disabilities, especially those in wheelchairs, in the 80-residential unit two-tower buildings. The Charge also alleges they failed to approve a reasonable accommodation request for an accessible parking space, which would have allowed persons with disabilities to have better use of their units and the common area features of QMC, even while continuing to have to endure other inaccessible design and construction features. A US Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination; payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. To assist residential unit owners and professionals, HUD began its Fair Housing Accessibility FIRST (FIRST) initiative to promote compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. Housing providers can learn more about the FIRST program here.  Anyone who believes they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing providers and others can learn more about their responsibility to provide reasonable accommodations for individuals with disabilities here and about accessibility requirements for multifamily housing here. Additional information is available at www.hud.gov/fairhousing. ***** Source: Read the April 5, 2024 HUD press release.

 

 Research Reports

New Study Discovers Actions to Improve Life for Residents with Disabilities in Federally-Assisted Housing

It is certain that disabled individuals and families, including those in federally assisted housing, face multiple challenges in gaining access to housing units and services that meet their needs—despite legal  frameworks meant to help them (Levy et al. 2015; Dawkins and Miller 2015). Disability is very  common, with an estimated 25% adults living with a disability, or around 61 million adults (Zhao et al.  2019). Some populations experience higher rates of disability, including women, older adults, adults  who identify as American Indian/Alaska Native, adults with lower incomes, adults living in the South,  and adults living in rural areas (Okoro et al. 2018; Zhao et al. 2019). 

Recent research has highlighted the significant number of disabled residents living in some federally  assisted housing programs (Dawkins and Miller 2015; Docter and Galvez 2019). Some 23% of  residents in housing funded through the U.S. Department of Housing and Urban Development (HUD),  including 24% of public housing residents and 19% those in project-based Section 8 rental units. For  LIHTC properties, 12.4% of households reported at least one member as disabled in 2019 (HUD 2021).

A recent report by the Urban Institute, Improving Experiences for Residents with Disabilities in Federally Assisted Family Housing (October, 2022), examines challenges to reasonable accommodation  processes and to service access. The research focused on three federal housing  programs providing affordable rental housing to eligible households with low incomes: public housing,  project-based rental assistance through the Section 8 program, and the Low-Income Housing Tax Credit Program (LIHTC). The first two have a large percentage of housing built before 1980; the latter  program, while it has only funded units since the 1990s, is often used to refinance and renovate older  housing.

The report found that boosting funding, clarifying definitions and processes, and ensuring adequate  training for housing providers can increase equity in outcomes for federally assisted residents with  disabilities. Specific recommendations were:

(1) Provide more federal funding for reasonable accommodations in federally assisted housing to allow housing providers to meet legal requirements. Significant one-time outlays and/or an ongoing dedicated annual funding stream for housing providers to pay for accommodations would show the federal commitment to funding and enforcement of the law.

(2) Establish a better standard for “reasonableness” to promote access to accommodations across diverse federally assisted housing programs and providers. The law would be most effective if all residents were treated equally and could access the same accommodations from all housing providers receiving federal financial assistance. A clearer standard on financial and administrative burden would help. 

(3) Increase uniformity in reasonable accommodation request processes to ensure equitable treatment and outcomes for residents with disabilities. There is no federally prescribed process for reasonable accommodations requests. The lack of uniformity puts the burden of knowing the many rights and processes on residents with disabilities. For housing providers, the desire to avoid discrimination and legal challenge is high, but clear procedural guidance on how to protect against such challenge is low. In addition to the lack of clarity on what is “reasonable," the process has uncertainties.

(4) Train and involve more than one person per housing provider and property in reasonable accommodation request decisions to create a more transparent and fair process.

(5) Improve training, technical assistance, and learning opportunities for housing providers to strengthen reasonable accommodation request processes. Providers noted a lack of resources available  for troubleshooting challenges and workshopping solutions. They noted a need for clearer examples of  standards and processes, as well as access to targeted technical assistance on reasonable accommodations and fair housing practices.

(6) Improve relations between housing managers and tenants with disabilities.

(7) Congress and HUD should provide housing providers with sufficient funding to help support service-related needs. They should also explore funding collaborations with other federal agencies that serve residents living in public housing and that receive mutual benefit from residents receiving on-site services. 

Read the Urban Institute report.

Read the October 12, 2022 Urban Institute article.

 Accessibility in Housing: Findings from the 2019 American Housing Survey

In a study by the SP Group LLC and funded by the U.S. Department of Housing and Urban Development (HUD) as part of the biennial American Housing Survey (AHS), the stock of homes accessible to those with disabilities was examined. This was an augmented follow-up to the HUD 2011 AHS study that collected housing accessibility data, as some questions were added. Posted on March 17, 2022, the 30-page report discusses the findings from this module of housing accessibility questions. 

The 2019 AHS data show that almost 2 in 10 U.S. households include a person with accessibility needs (i.e., households that include someone with a mobility-related disability; someone who uses a mobility-assistive device; someone with difficulty accessing their home; or someone who has difficulty accessing or using bedrooms, bathrooms, or kitchens). The majority of these households, however, live in homes that are not fully accessible - almost 4 in 10 do not have accessibility features such as entry-level bedrooms or full bathrooms. Only a very small percentage of owner households planned to install such features or to make accessibility-related improvements to their homes.

Specifically, the report also found that 13% of U.S. households include someone who uses a mobility-assistive device, and 19% of households include an individual with accessibility needs. Some 6% of households include someone who has difficulty entering the home, or accessing or using a kitchen, bathroom, or bedroom due to a condition.

Download the report.

https://www.huduser.gov/portal/publications/Accessibility-in-Housing-Report.html