Press Release
☷HUD APPROVES AGREEMENTS WITH HAWAII HOUSING PROVIDERS RESOLVING CLAIMS OF DISABILITY DISCRIMINATION
U.S. Department of Housing and Urban Development ( By Press Release office)
Apr 27,2022
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WASHINGTON - The U . S . Department of Housing and Urban Development ( HUD ) announced today that it has approved two Voluntary Compliance/Conciliation Agreements ( Agreements ) with EAH Inc . and other Artspace Lofts entities , to resolve complaints of disability discrimination . The complaints alleged that the builders failed to design and construct , Ola Ka ‘llima Artspace Lofts , an 84 - unit building located in Honolulu , Hawaii , in accordance with the Fair Housing Act’s requirements for accessible housing . The complaints also alleged that the building failed to comply with the accessibility requirements of Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act . In addition , the complaints alleged that the respondents failed to provide reasonable accommodations and modifications for persons with disabilities . The housing providers are recipients of federal financial assistance . Read the Agreements ( agreement one , agreement two ) . The Fair Housing Act requires certain features of accessible design in all residential buildings with four or more units built after March 13 , 1991 , including , for example , accessible routes , wider doorways , and accessible and usable kitchens and bathrooms for persons who use wheelchairs . Section 504 requires recipients of federal financial assistance to provide at least the minimum number of designated accessible units that comply with the Uniform Federal Accessibility Standards . In addition , Title II of the ADA requires public entities to ensure facilities are readily accessible and usable by individuals with disabilities , including through the removal of physical barriers . These federal laws also require the provision of reasonable accommodations and modifications for individuals with disabilities . “It is imperative that housing is constructed in compliance with all applicable federal accessibility requirements . ” said Demetria L . McCain , HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity . “These Agreements are crafted to address both the complainants’ concerns as well as other individuals with disabilities . ”Both complaints were filed by residents of Ola Ka ‘llima Artspace Lofts , who are represented by the Legal Aid Society of Hawaii , a HUD Fair Housing Initiative Program organization . Both residents , one who uses a wheelchair and another who used a walker , alleged that the building was inaccessible to persons with disabilities . Specifically , they alleged that the building failed to have accessible building entrances and exits , accessible parking and garage entrances , accessible doors in common and public use areas , accessible bathrooms and kitchens , and accessible light switches , among other things . The residents asked the housing providers to address the inaccessibility , but the resident manager allegedly declined to do so , telling one that she would have to pay for any retrofits herself . The housing providers have agreed to pay the two residents who filed complaints $25 , 000 collectively and to create a “Fair Housing Aloha Accessibility Fund” by depositing $30 , 000 into an interest - bearing escrow account for the purpose of paying damages to other persons who may have been injured by inaccessibility at the property . The housing providers also agreed to hire third - party independent accessibility consultants to conduct accessibility surveys , complete a needs assessment , self - evaluation , and transition plan to ensure that the entire property is in full compliance will all applicable federal accessibility requirements . Based upon the outcomes of the surveys and assessments , the housing providers will make retrofits to the property that will include modifications to individual units to make them fully accessible and useable by residents with disabilities . The Agreements do not constitute admissions by the housing providers or evidence of a final determination by HUD of violations of the Fair Housing Act or any other laws . People who believe they have experienced discrimination may file a complaint by contacting HUD ' s Office of Fair Housing and Equal Opportunity at ( 800 ) 669 - 9777 ( voice ) or ( 800 ) 877 - 8339 ( Relay ) . Housing discrimination complaints may also be filed by going to hud . gov/fairhousing .
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