ADA Case vs Shelter Providers Settled in DC

(A settlement agreement in an ADA case brought in Washington DC by lawyers for the US Department of Justice [yes, the same DOJ that says it's OK to torture prisoners] has nationwide significance for shelters and homeless services providers.  Here's some details.)

On December 10, 2008, the U.S. Department of Justice (DOJ) entered into a settlement agreement with the District of Columbia to improve the accessibility of D.C. homeless shelters for people with disabilities after numerous complaints about the District's widespread violations of Title II of the American with Disabilities Act (ADA).  The agreement covers all severe weather, low barrier, and temporary shelters run directly or through contractual arrangement by D.C.  The settlement will remain in effect for three years for all terms except the physical accessibility provisions, which will remain in effect for five years.  The full settlement can be found at http://www.ada.gov/dc_shelter.htm#settlement.

The press releases from the Department of Justice and the D.C. Attorney General summarize the settlement as follows:

"The terms of the settlement require the District to increase the accessibility of its shelter program by:

• Developing a comprehensive plan to ensure that persons with disabilities have equal access to the District's homeless shelter facilities;
• Implementing specific policies, practices and training to ensure that individuals with disabilities have equivalent access to all services and activities of the shelter program;
• Improving notice and procedures to ensure that shelter applicants and residents are aware of their rights under the ADA;
• Enhancing effective communication with shelter applicants and residents who have disabilities related to speech, vision or hearing; and
• Enhancing oversight of private contractors and subcontractors that provide homeless shelter services in the District."

http://www.usdoj.gov/opa/pr/2008/December/08-crt-1096.html; http://dc.gov/mayor/news/release.asp?id=1438&mon=200812. 

Major findings and requirements contained within the settlement:

1. D.C. must make changes to its policies and procedures to allow for greater programmatic accessibility, including the following:
• Notifying shelter applicants of their rights to request reasonable modifications to rules, policies, practices, or procedures because of a disability.
• Individuals are not required to use specific forms or procedures to make requests, and requests cannot be denied for failing to follow a preferred procedure.
• Shelter providers shall only request verification regarding the reasonable modification request if it is necessary and tailored to verifying the disability or the need for the request.  Such verification can usually come from the requester or another person in the know.
• Shelter providers must respond promptly to requests for reasonable modifications.  In addition: "Reasonable modification requests shall be granted immediately where the denial of the request is reasonably likely to cause serious harm to an individual with a disability." (Paragraph 21(a)(iii)).

2. DOJ surveyed 15 shelters for physical accessibility, 10 of which D.C. claimed met ADA standards. DOJ found that none of the shelters complied with the ADA, thus D.C. does not operate a single homeless shelter that is accessible to persons with physical disabilities.  There is a detailed appendix to the settlement listing the violations. 

3. D.C. must draft and implement an interim and comprehensive physical accessibility plan to bring the shelter system into compliance with the ADA.  The first drafts of the plans are due no later than ninety (90) days from December 10^th.  The shelters must be brought into compliance within two (2) years of the completion of the comprehensive plan.  The public will have an opportunity to comment on these plans in writing and at a public hearing.

4. If the comprehensive physical accessibility plan does not require that every shelter be accessible, "it must ensure that:
1. the locations of the accessible Shelters are at least equivalent to the locations of the inaccessible Shelters with regard to the Shelters' proximity to various forms of public transportation and non-Shelter services that are frequently used by individuals residing at Shelters including, but not limited to, meal programs, employment assistance programs, health clinics, legal clinics, and government offices that administer or distribute benefits to low-income residents of the District;
2. individuals with physical disabilities are not subjected to Shelter rules or requirements more burdensome than those used at inaccessible Shelters;
3. individuals with physical disabilities have access to the Shelter Program in the most integrated setting appropriate to the needs of such individuals; and
4. individuals with physical disabilities otherwise have equivalent access to the services, programs, and activities of the Shelter Program." (Paragraph 20(c)).

5. D.C. must develop the means to effectively communicate with shelter applicants and residents with speech, vision, or hearing-related disabilities, including acquiring necessary equipment, alternative formats, and oral and sign language interpretation services.

6. D.C. must draft and implement a plan for accessible transportation among shelters and services.

7. D.C. must have at least one ADA Coordinator to oversee ADA compliance in the shelter system, resolve complaints, and monitor the adherence to the terms of the settlement.  Currently, Rhonda Stewart at DHS is the ADA Coordinator (671-4422).

8. D.C. has to post notifications of ADA rights and complaint procedures in all shelters and places where shelter residents might use services.

9. D.C. must develop and implement procedures to improve monitoring and oversight of the ADA compliance of its contractors and subcontractors to "include, but not necessarily be limited to:
1. review of contractors' or subcontractors' written rules and procedures;
2. scheduled and unscheduled visits to intake sites and Shelters. Such visits shall include inspection of clients' files and interviews with Shelter clients and applicants;
3. review of Shelter denials;
4. strict time limits for corrective action for any deficiencies discovered during monitoring; and
5. sanctions for contractors or subcontractors." (Paragraph 24).

10. D.C. must develop, through the D.C. Office of Disability Rights, a comprehensive training program for shelter staff on the ADA, reasonable modification policies and procedures and the requirements of the settlement.