Justice Department Announces ADA Settlement with Intercity Bus Company, Megabus

Jun 16 2011

WASHINGTON – The Justice Department today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with intercity bus service providers Megabus USA L.L.C., and Megabus Northeast L.L.C., which are located in Chicago and Elizabeth, N.J., respectively. The Justice Department initiated its investigation of Megabus as part of its ongoing review of the private transportation industry. In particular, the department has been investigating accessibility of private transportation operations for individuals with disabilities.

Under the terms of the settlement agreement, Megabus will ensure that all of the vehicles in its intercity service are fully accessible to individuals with disabilities, including individuals who use wheelchairs or other mobility aids. Megabus will also alter its online reservation services so that passengers with disabilities are able to access schedule information and make reservations in the same manner and using the same reservation system as other passengers. Megabus will pay a $55,000 civil penalty to the United States, and $12,500 in damages to a complainant who was not permitted to use the ramp on a passenger bus, and who was forced to transfer out of his wheelchair rather than be secured in the wheelchair, as required by federal regulations, during his trip from New York, to Baltimore. The United States credits Megabus for their cooperation throughout the investigation and their willingness to address the deficiencies identified.

“Commercial passenger buses are an affordable and growing sector of the transportation industry, and making sure that they are fully accessible to individuals with disabilities is a necessary part of integrating individuals with disabilities into all aspects of American life,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is committed to vigorously enforcing the transportation requirements of the ADA.”

Title III of the ADA prohibits specified private transportation providers like Megabus from excluding persons with disabilities, including persons with mobility impairments, from full and equal enjoyment of the services provided. Anyone interested in learning more about federal disability rights statutes can call the Justice Department’s toll-free ADA information line at 800-514-0301, 800-514-0383 (TTY), or access the ADA website at www.ada.gov .

Source: Department of Justice, Department of Public Affairs

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Justice Department Signs Agreement with Des Moines, Iowa, and Des Moines Public Library to Ensure Civic Access for People with Disabilities

Jun 16 2011

WASHINGTON – An agreement has been reached with the city of Des Moines, Iowa, and the Des Moines Public Library, to improve access to all aspects of civic life for persons with disabilities, the Justice Department today announced. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Access to public programs and facilities is a civil right, and individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “In reaching this agreement, the city of Des Moines and the city’s public library have made an important commitment to residents and visitors with disabilities.”

“I am very pleased that the city of Des Moines and the Department of Justice have reached an amicable agreement in this matter to ensure access to persons with disabilities,” said Nicholas A. Klinefeldt, U.S. Attorney for the Southern District of Iowa.

As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 188th under the PCA initiative.

Under the agreement announced today, Des Moines will take important steps to improve access for individuals with disabilities, such as: Making physical modifications to facilities surveyed by the department so that parking, routes into buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities; surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements; adopting a grievance procedure to deal with complaints of disability discrimination relating to city programs, services, activities and facilities; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the city’s programs, services, and activities; officially recognizing the Iowa telephone relay service as a key means of communicating with individuals who are deaf, are hard-of-hearing, or have speech impairments and training staff in using the relay service for telephone communications; ensuring that the city’s official website and other web-based services are accessible to people with disabilities; and implementing a comprehensive plan to improve the accessibility of the city’s sidewalks and pedestrian crossings by installing accessible curb ramps throughout Des Moines. Des Moines, incorporated in 1851, is the capital of and the most populous city in the state of Iowa. It is located just south of the center of the state. More than 20 percent of Des Moines residents have a disability and will benefit from this agreement.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement requires most actions to be completed within three years. For the required accessibility modifications to sidewalks, pedestrian crossings, transportation stops and curb ramps, the city will work with the disability community to prioritize and complete these modifications within seven years. The department will actively monitor compliance with the agreement, which will remain in effect until the department has confirmed that all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Des Moines, the PCA initiative or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

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JUSTICE DEPARTMENT REACHES AMERICANS WITH DISABILITIES ACT SETTLEMENT WITH WELLS FARGO

Jun 16 2011

WASHINGTON – The Justice Department announced today a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Wells Fargo & Company to ensure equal access for individuals with disabilities to Wells Fargo’s services nationwide, including its nearly 10,000 retail banking, brokerage and mortgage stores, over 12,000 ATMs, and its telephone and website services.

The agreement resolves numerous ADA complaints filed by individuals who are deaf, are hard of hearing or have speech disabilities who allege that Wells Fargo would not do business with them over the phone using a telecommunications relay service. Instead, the individuals were directed to call a TTY/TDD line that asked them to leave a message, which went unanswered. Wells Fargo started addressing these customers’ concerns before the Justice Department investigation began. Once the department opened an investigation, Wells Fargo worked cooperatively to achieve a comprehensive settlement addressing all ADA issues in its retail banking and financial services.

“Individuals who have disabilities must not be denied equal access to the services offered by financial institutions simply because of their disability. Wells Fargo has shown that it is committed to equal access and effective communication with its customers who have disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is aware that other major financial institutions are refusing to communicate with individuals with disabilities who use relay services to communicate by telephone. These refusals are discrimination, and other financial institutions must follow Wells Fargo’s example and accept relay calls immediately.”

“The U.S. Attorney’s Office is committed to working with the Civil Rights Division to help ensure that businesses in this district fully comply with the ADA,” said Melinda Haag, U.S. Attorney for the Northern District of California, which is where Wells Fargo is headquartered.

Wells Fargo will pay up to $16 million to compensate individuals harmed by certain violations of Title III of the ADA. The department will be administering a claims process to distribute these funds. Individuals who believe they were harmed by Wells Fargo’s failure to comply with ADA requirements may get information about filing a claim by sending an email to wfclaims@usdoj.gov or by calling 1-866-708-1273 (voice) or 1-866-544-5309 (TTY). Information on the claims process is also available on the ADA home page at www.ada.gov.

Wells Fargo will also pay a $55,000 civil penalty to the United States. In addition, Wells Fargo affirms its commitment to advancing the interests of individuals with disabilities by paying a total of $1 million in charitable donations to non-profit organizations that will assist veterans with disabilities resulting from injuries sustained while serving in Iraq or Afghanistan to live independently in the community.

Finally, the agreement requires Wells Fargo to take the following steps to improve access for customers with disabilities:

Remove physical barriers to access, as required, at its retail stores across the nation and remedy all other instances of discrimination under Title III of the ADA that are identified during the claims process.

Provide appropriate auxiliary aids and services, including qualified sign language interpreters, computer-assisted real time transcription, qualified readers and documents in Braille, large print, and other alternate formats to persons with disabilities when necessary to ensure effective communication throughout its financial services and programs.

Adopt and enforce a policy on effective communication with individuals who are deaf, are hard of hearing, are blind or have low vision for all Wells Fargo retail stores and financial services nationwide, post a summary of the policy on its website and distribute the policy to current and new employees and contractors.

Accept calls made through a relay service operator by customers who are deaf, are hard of hearing or have speech disabilities on an equivalent basis to calls from other customers. This includes eliminating special security provisions applied to relay calls and using the same caller verification procedures whether or not a customer uses a relay service.

Maintain staffing of phone lines dedicated to TTYs / TDDs, wherever provided, on a basis equivalent to telephone lines that are not dedicated to TTYs / TDDs.

Ensure that its ATMs and websites are accessible to individuals with disabilities.

Establish a toll-free ADA comment/complaint line so customers with disabilities have an easy avenue for alerting Wells Fargo to concerns about disability-related problems accessing goods, services and facilities.

Hire a full-time national ADA coordinator to coordinate Wells Fargo’s efforts to comply with its responsibilities under the ADA and this agreement, including the investigation of ADA complaints received on its ADA comment/complaint line.

Provide staff training on the ADA and Wells Fargo’s obligations to provide effective communication to individuals with disabilities.

Post and maintain in a conspicuous location in all Wells Fargo banking stores a notice stating that individuals with disabilities have a right under the ADA to request a sign language or oral interpreter or other auxiliary aids or services.

Title III of the ADA prohibits discrimination against individuals with disabilities by businesses that serve the public. Among other things, the ADA requires financial institutions, accountants, lawyers, doctors and other businesses to provide auxiliary aids and services that are necessary for effective communication. For individuals who are deaf or hard of hearing, auxiliary aids include qualified sign language or oral interpreters, use of relay services, computer-assisted real time transcription, and, for simple communications, the exchange of written notes. For individuals who are blind or have low vision, auxiliary aids include qualified readers, assistance in filling out forms and written materials provided in alternate formats, such as Braille, large print, audio recordings or accessible electronic formats such as email or HTML.

Those interested in finding out more about this agreement or businesses’ obligations under the ADA may call the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to ada.complaint@usdoj.gov. For the settlement and fact sheet on this announcement, please visit www.ada.gov/wells_fargo/.

Source: Department of Justice, Office of Public Affairs

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Justice Department Signs Agreement with the Town of Swansea, Massachusetts to Ensure Civic Access For People with Disabilities

Jun 16 2011

WASHINGTON – An agreement has been reached with the town of Swansea, Mass., to improve access to all aspects of civic life for persons with disabilities, the Justice Department today announced. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “I commend Swansea’s officials for their big commitment to make this small town’s programs and facilities accessible to residents and visitors with disabilities. We hope that other cities and counties throughout the country will follow Swansea’s example by working with us to make their communities fully accessible.”

PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with the ADA. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 187th reached under the PCA initiative.

Under the agreement announced today, Swansea will take several important steps to improve access for individuals with disabilities, such as: Making physical modifications to facilities surveyed by the department so that parking, routes into buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities; surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II of the ADA and their applicability to the town’s programs, services and activities; training town staff in using the Massachusetts Relay Service as a key means of communicating with individuals who are deaf, are hard-of-hearing or have speech impairments; undertaking the required planning and modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery; ensuring that the town’s official website and other web-based services are accessible to people with disabilities; developing a method for providing information for interested persons with disabilities concerning the existence and location of the town’s accessible services, activities and programs; installing signs at any inaccessible entrance to a facility directing individuals with disabilities to an accessible entrance or to information about accessing programs and services at other accessible facilities; and implementing a comprehensive plan to improve the accessibility of sidewalks, transportation stops and pedestrian crossings by installing accessible curb ramps throughout the town of Swansea. Swansea was established in 1663 as a colonial site. The historical town is located in Bristol County at the mouth of the Taunton River in southeastern Massachusetts, less than 50 miles from Boston. According to U.S. Census data, Swansea has just under 16,000 residents. Approximately 16 percent of Swansea residents have a disability and will benefit from this agreement.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years from Feb. 15, 2011, or until all actions required by the agreement have been completed, whichever is later. The department will actively monitor compliance with the agreement until all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with the town of Swansea, the Project Civic Access initiative or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

More information regarding the agreement is available at www.ada.gov/swansea_pca/swansea_facsht.html .

Source: Department of Justice, Office of Public Affairs

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Justice Department Settles Americans with Disabilities Act Lawsuit with Virginia’s Inova Health System

Jun 16 2011

WASHINGTON – The Justice Department has reached a settlement with Inova Health System to ensure effective communication with individuals who are deaf or hard of hearing in the provision of medical services. The agreement, under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, resolves a complaint that Inova failed to provide sign language interpreters to an expectant mother and others who are deaf and need interpreters to communicate effectively with health care providers.

The department’s lawsuit, filed yesterday with a consent decree in the U.S. District Court for the Eastern District of Virginia, alleged that Inova Health System violated the ADA and the Rehabilitation Act by failing to provide appropriate auxiliary aids and services, including sign language interpreter services, to deaf individuals at Inova Fairfax Hospital. Because of the hospital’s failure to provide sign language interpreter services, deaf individuals were denied the benefit of effective communication with hospital staff, the opportunity to effectively participate in medical treatment decisions, and the full benefit of health care services provided by Inova Fairfax Hospital, according to the complaint.

“The ADA protects the right of individuals who are deaf or hard of hearing to be able to access medical services, and this settlement is the latest example of the Justice Department’s unwavering commitment to enforcing the ADA,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This settlement also demonstrates Inova Health System’s commitment to provide effective communication to people who are deaf or hard of hearing.” “This settlement shows that Inova and the government share the same goal – making sure that deaf and hard of hearing patients can communicate with their doctors, especially at critical moments in their medical care,” said Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia.

The consent decree, which must be approved by the district court, requires Inova Health System to pay $95,000 to aggrieved individuals and a $25,000 civil penalty; provide training to hospital staff on the requirements of the ADA and the Rehabilitation Act; and adopt specific policies and procedures to ensure that auxiliary aids and services are promptly provided to patients or companions who are deaf or hard of hearing. Inova Health System has also separately agreed to pay a total of $25,000 to two other aggrieved individuals.

The ADA and Rehabilitation Act prohibit discrimination against individuals with disabilities by hospitals. Among other things, the ADA requires doctors, hospitals and other health care providers to provide equal access to patients and companions who are deaf or hard of hearing. When medical services involve important, lengthy or complex oral communications with patients or companions, hospitals are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf, are hard of hearing or have speech disabilities. The appropriate auxiliary aid to be provided depends on a variety of factors, including the nature, length and importance of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual’s stated need for a particular type of auxiliary aid.

Those interested in finding out more about this settlement or hospitals’ effective communication obligations under the ADA may call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website atwww.ada.gov. ADA complaints may be filed by email to ada.complaint@usdoj.gov.

Source: Department of Justice, Office of Public Affairs

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Hillsboro School District Agrees to Access for Autism Service Dog

Jun 16 2011

WASHINGTON – The Justice Department announced today that the Hillsboro, Oregon, School District will allow Jordan “Scooter” Givens to bring his trained autism service dog into his classroom in the Hillsboro School District.

The highly trained service dog, Madison, provides critical assistance to Scooter, recognizing when he is about to engage in behavior that might endanger him, and distracting him to obstruct this type of behavior. For nearly three years, Scooter’s parents’ efforts to get permission for Scooter to bring Madison to school had been rebuffed. After U.S. Attorney Dwight Holton and a senior attorney from the Civil Rights Division met in late January with the superintendent of the Hillsboro School District regarding the failure to accommodate the Givens’ request, the school district announced last Friday that it would allow Scooter to be accompanied by the service dog for a trial period.

The Department of Justice investigation resulted from a complaint filed with the department by Joel Greenberg, an attorney with Disability Rights of Oregon (DRO).

“Service animals assist students with disabilities across the United States every day of the school year without incident,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Fears, generalizations and stereotypes are simply insufficient to deny access to a student’s service dog, and the department will continue to provide school districts with technical assistance to make sure they comply with the ADA.”

“Kids with autism deserve the same opportunity as the rest of us to grow and learn,” said U.S. Attorney Holton. “Scooter’s service dog will help him grow up to meet his full potential – which is something we should all expect and hope for our children.” Holton praised the school district’s decision to engage in a trial period with the service dog: “The last thing we need is years of litigation, costing the people of Hillsboro hundreds of thousands of dollars – Scooter is growing up, and doesn’t have time for lawyers to wrangle.”

The specific terms and parameters of the assessment period are still being worked out, but the school board’s vote shows a good faith effort to voluntarily resolve this dispute without more formal action by the department.

The Americans with Disabilities Act (ADA) requires schools and other public entities and businesses to allow individuals with disabilities to be accompanied by service animals. Service animals cannot be denied access except for the rare instances in which their actual behavior poses a direct threat to the safety of others or results in a fundamental alteration of the nature of a program.

Service animals are individually trained to do work or perform tasks for the benefit of individuals with disabilities, including individuals with neurological disabilities caused by autism. Because of a recent change in rules on service animals adopted by the Justice Department, beginning March 15, 2011, service animals will be limited to dogs. Service dogs perform a wide variety of functions. Examples of these functions include guiding persons who are blind or have low vision; alerting individuals who are deaf or hard of hearing to sounds; warning persons about impending seizures or other medical conditions; performing a variety of tasks for persons with psychiatric disabilities, and picking up items, opening doors, flipping switches, providing physical support and pulling wheelchairs for individuals with mobility disabilities.

The case is being handled by Jeanine Worden, Deputy Chief of the Civil Rights Division’s Disability Rights Section, and Assistant U.S. Attorney Adrian Brown.

More information about the ADA, rights and responsibilities under the ADA relating to service animals, and instructions on filing an ADA complaint with the Justice Department is available at www.ada.gov . This information includes two publications specifically addressing service animal access: “ADA Business Brief: Service Animals” and “Commonly Asked Questions About Service Animals in Places of Business.” Those interested in obtaining copies of these documents or additional information about the ADA can also call the Justice Department’s toll-free ADA Information Line (800) 514-0301 or (800) 514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

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Justice Department Settles with National Board of Medical Examiners Over Refusal to Provide Testing Accommodations to Yale Medical School Student

Jun 16 2011

WASHINGTON – The Justice Department today announced a settlement under the Americans with Disabilities Act (ADA) with the National Board of Medical Examiners (NBME), a private, non-profit organization that administers the U.S. Medical Licensing Examination (USMLE), a standardized examination related to medical licensing. Under the terms of the settlement agreement, NBME is committed to providing reasonable testing accommodations to persons with disabilities who seek to take the USMLE, in accordance with the requirements of the ADA. In addition, it will grant Frederick Romberg, a Yale Medical School student, the accommodations of double the standard testing time and a separate testing area to take the USMLE.

“In the past, demands for unnecessary or redundant documentation, burdensome and expensive repeated professional evaluations, or irrelevant evaluative testing unrelated to the ability to demonstrate one’s knowledge or skills on an examination prevented individuals with appropriately documented disabilities from pursuing their chosen professions.” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “By entering into this agreement, NBME is doing its part to ensure that people with a reading disability like Mr. Romberg will have the opportunity to take the USMLE with the reasonable testing accommodations they need to demonstrate their knowledge and ability.”

Under the agreement, the NBME will:

· Only request documentation about (a) the existence of a physical or mental impairment; (b) whether the applicant’s impairment substantially limits one or more major life activities within the meaning of the ADA; and (c) whether and how the impairment limits the applicant’s ability to take the USMLE under standard conditions;

· Carefully consider the recommendations of qualified professionals who have personally observed the applicant in a clinical setting and recommended accommodations based upon their clinical judgment that the individual is substantially limited in one or more major life activities within the meaning of the ADA and needs the requested test accommodations in order to demonstrate his or her ability and achievement level; such recommendations are to be based on generally accepted diagnostic criteria and supported by reasonable documentation.

· Carefully consider all evidence indicating whether an individual’s ability to read is substantially limited within the meaning of the ADA, including the extent to which it is restricted as to the conditions, manner or duration as compared to the reading ability of most people.

The Justice Department opened an investigation in response to a complaint from Mr. Romberg who alleged that the NBME had twice denied him reasonable testing accommodations to take the USMLE because of his disability, dyslexia, in violation of the ADA. Subsequently, the department and the NBME sought to resolve the investigation by reaching a settlement agreement.

The settlement was reached under Title III of the ADA which prohibits discrimination against individuals with disabilities by private testing entities that administer examinations related to professional licensing. More information about the Civil Rights Division and the laws it enforces is available at the website www.justice.gov/crt . More information about the settlement with NBME can be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

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Justice Department Announces Settlement with Developer of Idaho Condominium Complex

Jun 16 2011

WASHINGTON – A developer of a condominium complex in Post Falls, Idaho, has agreed to settle a lawsuit alleging that they violated the Fair Housing Act by developing the complex with features that made it inaccessible to persons with disabilities, announced the Department of Justice. Under the settlement, which must still be approved by the U.S. District Court for the District of Idaho, Riverwalk Condominiums LLC will pay $18,500 and take other steps to retrofit the complex in order to make it accessible.

The lawsuit, filed in August 2009, alleged that Riverwalk designed and constructed the condominiums on Greensferry Road in Post Falls, Idaho, with features that made the complex inaccessible to persons with disabilities. If approved by the court, the settlement will require the defendant to:

· Retrofit the complex to make it more accessible;
· Ensure that future or ongoing construction meets the accessibility requirements of the Fair Housing Act;
· Pay a total of $13,500 to an individual with a disability who inquired about housing at Riverwalk and to the Intermountain Fair Housing Council (IFHC), a non-profit fair housing organization that assisted the individual and helped document accessibility barriers at the complex: and
· Pay a $5,000 civil penalty to the United States.

“Since 1991, the Fair Housing Act has required that new multi-family housing meet basic accessibility requirements, and there is no excuse for noncompliance at new developments,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Enforcement actions like this one illustrate the department’s commitment to ensuring accessible housing is available for persons with disabilities.”

“Builders and designers of multi-family housing have an obligation to ensure that their housing is accessible to persons with disabilities,” said Wendy J. Olson, U.S Attorney for the District of Idaho. “We commend the work of the Department of Housing and Urban Development (HUD) and IFHC for their commitment to the fundamental principles of fair housing for all.”

“While most get it right, HUD and the Justice Department will continue to work together to ensure that all architects, builders and developers comply with their legal responsibility to build housing that is accessible,” said John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity.

The complex’s condominium association, which is also a party to the proposed settlement, has agreed to allow access to the complex so that the retrofits can be completed.

The lawsuit arose from complaints filed with HUD by an individual seeking housing. After investigating the complaints, HUD issued a charge of discrimination and referred the case to the Justice Department.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt . Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.

Source: Department of Justice, Office of Public Affairs

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Justice Department Signs Agreement with Fairfax County, Virginia, to Ensure Civic Access for People with Disabilities

Jun 16 2011

WASHINGTON – The Justice Department today announced an agreement with Fairfax County, Va., to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Access to public programs and facilities is a civil right, and individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “Fairfax County has made significant progress towards achieving full ADA compliance, and this agreement sets out a realistic plan for the county to get there. I commend the county officials for making this commitment to its residents and visitors with disabilities, and for working with us to attain equal access to all of its programs, activities and services.”

As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 186th under the PCA initiative.

Under the agreement announced today, Fairfax County will take important steps to improve access for individuals with disabilities, such as:
Making physical modifications to facilities surveyed by the department so that parking, routes into the buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities;
Providing access to county programs;
Surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements;
Administering a grievance procedure for resolving complaints of violations of Title II of the ADA;
Ensuring that any county programs for victims of domestic violence and abuse are accessible to people with disabilities;
Providing accessible polling places;
Providing effective communication;
Posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the county’s programs, services and activities;
Undertaking the required planning and modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery;
Ensuring that 9-1-1 emergency service calls placed by persons with disabilities who use text telephones (TTYs) are answered as quickly as other calls, that such calls are monitored for timing and accuracy, and that employees are trained and practiced in using a TTY to make and receive calls;
Ensuring that the county’s employment policies comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing Title I of the ADA;
Ensuring that the county’s official website and other web-based services are accessible to people with disabilities;
Amending the county’s police policies and procedures for law enforcement; and
Implementing a comprehensive plan to improve the accessibility of the county’s sidewalks and pedestrian crossings by installing accessible curb ramps throughout Fairfax County.
Fairfax County was formed in 1742. The county consists of 395 square miles of land and 12 square miles of water. It is the most populous county in Virginia, with more than 1 million residents, comprising more than 13 percent of the total population of the state. According to U.S. Census data, more than 100,000 Fairfax County residents have a disability.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The department will actively monitor the county’s compliance with the agreement, which will remain in effect for 7½ years. The department will actively monitor compliance with the agreement until all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Fairfax County, the PCA initiative, or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

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Livable Home Tax Credit

Jun 16 2011

Charlottesville, VA (June 8, 2011) — An amended Virginia law could change the way homeowners and builders alike look at their homes. House Bill No. 1950 (http://leg1.state.va.us/cgi-bin/legp504.exe?111+ful+HB1950), adopted by the General Assembly during the 2011 session, increased the maximum Livable Home Tax Credit (LHTC) from $2,000 to $5,000 and extended eligibility to builders of new accessible homes, effective with the 2011 tax year.

Easier Living for Everyone
The Virginia Livable Home Tax Credit (LHTC) program is designed to improve accessibility and universal design in Virginia’s residential units by providing state tax credits for the purchase of new units or the retrofitting of existing housing units. To qualify for the tax credit, a new home must include at least three universal design features, and a retrofitted existing home must include at least one universal design feature:
• Accessible route to a zero-step entrance into the residence
• Zero-step entrance into the residence
• Doors with at least 32 inches of clear width
• Hallways and passages with at least 36 inches of clear width
• Accessible light switches, electrical outlets and environmental controls
• Accessible bathroom
• Accessible and useable kitchen facilities

In addition to making a home usable by people of any ability, these modifications can make any home more convenient for moving furniture, maneuvering a stroller, or entering the house juggling bags of groceries. According to members of the Livable for a Lifetime (L4L) initiative, the new bill could mean significant advantages for the local economy, as well as those living in these homes. “This could add needed incentives for builders,” says Jim Herndon, accessibility coordinator for the City of Charlottesville, “and also increase the percent of housing stock that has some degree of visitability.”

Todd Hawkins, co-owner of BuilderFish and a member of the L4L Steering Committee, notes that “Localities and the state can encourage homeowners and builders to improve accessibility to ward off forced moves, shut-ins and the additional strain that would fall to social services. Like energy improvement credits, this incentive may encourage owners and developers/builders to research and consider design improvements. This, in turn, can help sow the seeds for long-term market demand as consumer awareness builds.”

Applications for the Livable Home Tax Credit must be submitted to the Virginia Department of Housing and Community Development (DHCD) by February 28 of the year after the tax year in which the purchase, retrofit, or building was completed. For new construction, the application must include a copy of the executed sales contract. For existing homes, documentation must include copies of the work specifications and proof of payment. For full instructions and the application form, visit DHCD’s web site at http://www.dhcd.virginia.gov/housingpreservationrehabilitation/Tax_credit_program.htm.

About Livable for a Lifetime
The purpose of Livable for a Lifetime (L4L) is to promote change in the practice, policy, design, and construction of homes and communities, as well as the community involvement necessary to achieve this change. L4L promotes the application of Universal Design in homes and communities. Universal Design is the design of products and environments to be usable by all people regardless of their ability or age, to the greatest extent possible, without the need for adaptation or specialized design. L4L’s work is guided by a Steering Committee, which meets on a monthly basis, rotating meeting locations and facilitators between the Piedmont Housing Alliance, the Thomas Jefferson Planning District Commission (TJPDC) and JABA. L4L’s web
site has a section on home modification at http://www.livableforalifetime.org/homemod.htm.

Current L4L Steering Committee members are: Karen Reifenberger, Mark Watson (Piedmont Housing Alliance); Chris Murray, Julie Ulrich, Gordon Walker (Jefferson Area Board for Aging); Billie Campbell (Thomas Jefferson Planning District Commission); Bob West; Wally McKeel (JABA Board, Virginia Transportation Research Council, retired); George Shadman (Albemarle County Department of General Services and ADA Compliance); Jim Herndon (City of Charlottesville); Elizabeth Swider (Aging in Place Business Roundtable/Care is There); and
Todd Hawkins (BuilderFish).

Source: Livable for a Lifetime Press Release.

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