HUD and the City of Los Angeles signed a Voluntary Compliance Agreement (VCA) on August 2 on compliance with Section 504 of the 1973 Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). The VCA is the culmination of an exploration of the HUD Office of Fair Housing and Equal Opportunity (FHEO), which began in the fall of 2011. In addition to many other provisions, Los Angeles agrees to equip 3,100 units of existing apartment buildings, ensure that 15% of new or essentially renovated apartment buildings are accessible, and implement a comprehensive accessibility program. In the fall of 2011, HUD conducted an on-site compliance audit, which identified gaps in the physical accessibility of homes and common areas. HUD, for example, found bathrooms that could not accommodate wheelchairs, and found kitchens with unattainable sinks and countertops. Roads to homes, toilets and common areas were also not accessible. On January 12, 2012, Hud issued an amending letter regarding non-compliance with Section 504 and Title II. While on September 26, 2014, a VCA out of the 22 properties was concluded, Los Angeles had not yet resolved all the problems in the 2012 letter. On April 1, HUD issued a follow-up letter on the city`s continued inability to provide accessible housing for low-income people (see Memo, 4/8).
Section 504 prohibits discrimination against persons with disabilities, based exclusively on disability in a program or any activity that receives federal financial assistance. Section 504`s HUD Regulations provide that the construction and substantial modification of federally funded apartment buildings are accessible to at least 5% of housing for people with reduced mobility and 2% of housing for people with hearing or visual impairments. Over the next 10 years, Los Angeles agreed to equip 3,100 units of existing apartment buildings in federally funded real estate and some city-backed real estate that is not backed by the Federal Government. The improvements will make 2,215 housing units accessible to people with disabilities and 885 housing units for deaf or hard of hearing or blind or visually impaired people. The U.S. District Court for the District of Massachusetts issued an injunction on October 25 to end the implementation of HUD`s latest disparate impact rule. Thanks to the efforts… The VCA requires that developing real estate, as well as those that will be built or significantly modified over the next ten years, have 11% of their mobility units and 4% of auditory/visual functions.