Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 1 of 13

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

FILED
FEB 24420200099

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ANITA BROWN,

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Plaintiff,

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)

~

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TIilE COMMUNITY PARlNERSIDP FOR TIiIlE )

PREVENTION OF HOMELESSNESS

)

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md

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FAMIlLIESFORWARD

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Defendm~.

)

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NANCY MAYER WHITTINGTON,. CLERK U.S. DISTRICT COURT
Case: 1:08-cvv--001l166 (ESH)

SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is entered into by Anita Brown on her behalf and on behalf of her minor children, B.B. md T.B. ("Plaintiff',') md The COomDUmDWWlliity Partnership for the Prevention of Homelessness (''TCP"'') md Families Forward ("Defendants''). Together, the Plaintiff md the Defendants will be referred to as the "Parties." WHEREAS, Plaintiffhas alleged that the Defendants discriminated against her on the basis of her disability while she and her minor sons resided at the New Beginnings Shelter located at 1448 Park Road N.W., Washington D.C. 20010 and the Commllllity of Hope Shelter located at 1413 Girard Street, N.W., Washington D.C. 20009; WHEREAS, Plaintiffhas alleged that the Defendants had provided her homeless shelter in a negligent manner, resulting in physical and other injuries;

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WHEREAS, Plaintiffhas made these allegations in a complaint filed with the District of Columbia Office of Hwnan Rights and the U.S. Department of Housing and Urban Development on January 25, 2007 and in the above-captioned complaint filed with the United States District Court for the District of Columbia ("the Complaint");
WHEREAS, the United States Department ofJustice and the Disfl'ict of Columbia entered into a Settlement Agreement, denominated DJ#204-16-96 (December 10, 2008) (hereinafter the "DOJ Settlement Agreement");
WHEREAS, the DOJ] Settlement Agreement contemplates future implementation of Interim and Comprehensive physical access plam for the shelter program, changes to or refinements of the process by which reasonable modification requests are made and decided, direction to and oversight of contractors and subcontractors that provide services for the shelter program, and enhancements to the training ofshelter staff by the Office of Disability Rights;
WHEREAS, the Defendants deny liability, but wish to resolve the disputes between and among the Parties;
NOW THEREFORE, for and in consideration ofthe mutual promises and covenants herein, the sufficiency of which are hereby acknowledged, the Parties agree to the following:
DEFINITIONS A. "Shelter" means "severe weather shelter," "low barrier shelter," and "temporary shelter" as those terms are defined in the Homeless Services Reform Act of 2005, D.C. Code § 4751..001l. B. "Shelter Program" means the services, programs, and activities for Shelter residents provided by the District of Columbia through contractual arrangements with TCP and i~ contractors.
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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 3 of 13

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C. "Shelter Staff" means individuals who (a) provide services directly to individuals

and families seeking Shelter and/lor (b) administer the Shelter Program.

MONETARY PROVISIONS

1. No later than fifteen (15) calendar days after the Effective Date of Settlement, the

Defendants shall make a total payment of $35,000.00 in settlement of all claims as prov)ided

below to Wesley Vinner Memorial Trust (hereafter "Special Needs Trust,lt}),, FBO Anita Brown,

and sent to Shared Horizons, Inc., ATTN: Vinner Memorial Trust, 5335 WItSsccoonsin Avenue,

N.W., Suite 910, Washington,. D.C. 20015.

2. In the event that the Defendants do not make payment ofthe settlement amount to

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the Special Needs Trust on behalffofthe Plaintiffwithin fifteen (15) calendar days after the

.·"'•,•.'',

Effective Date of Settlement, the Defendants shall be obligated to pay the Plaintiff interest

(payable to the Special Needs Trust) upon the settlement amount beginning the sixteenth day

after the Effective Date of Settlement at the rate of 8% per annum.

3. Ofthe settlement amount, $8,333.33 represents payment to Anita Brown on

account of claims for personal physical sickness, personal physical injuries, and emotional

distress arising from such sickness/liht\iijuries, together with medical expenses (other than medical

expenses that are attributable to and not in excess of deductions allowed under Section 213 of the

Internal Revenue Code for any prior taxable year).

4. The Parties acknowledge and agree that the foregoing allocation and manner of

payment represents a good-faith allocation and agreement between the Parties dealing at arm's

length.

S5. In consideration of the payment set forth in Paragraphs 1 through 4 herein,

Plaintiff, on her behalf and on behalf of her minor sons and her attorneys, successors and assigns

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 4 of 13

does hereby release and discharge the Defendants,. and their respective officers and employees

from any claims, causes of action, demands and damages of any kind, relating to any allegations

brought forth in the Complaint, and any other matter whatsoever through the Effective Date of

this Settlement Agreement, with the exception ofthe Defendants' policy modifications

obligations, set forth in Paragraphs 6-14 herein.

NON-MONETARY PROVISIONS

Matters Unrelated to the December 10. 2008 DOJ] Settlement Agreement

6. On or before February 27,220009, the Defendants will provide Plaintiff,. through

counsel, draft protocQls and any implementing draft rules or fornmns covering the following

subject matters, consistent with the purposes listed in Paragraph 7:

a. the circumstances and procedures whereby Shelter Staff, including

Families Forward, may enter into Shelter units within TCPp•·s control, must provide advance

notice ofsuch entry to the occupant and must report entry ifadvance notice was not possible due

to exigent circumstance;

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b. the control of Shelter unit keys by Shelter Staff and their contractors,

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including Families Forward;

c. the receipt and secure delivery of articles to occupants;

d. the cleaning of Shelter units following departure of occupants;

e. the confidentiality ofrecords and infornmnation provided to Shelter Staff,

including Families Forward.

7. The purposes and objectives ofthe protocols listed in paragraph 6 are as follows:

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 5 of 13

a. to limit the entry ofShelter Staff into Shelter units unless there is a

compelling need to access these units and to afford residents reasonable advance notice of such

entry;

b. to limit the access and availability of keys to those members ofthe Shelter

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Staffwwho have a legitimate need for them;

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c. to minimize opportunities for theft and loss of property intended for

Shelter residents;

d. to ensure that Shelter units are in a clean condition before new residents

move into them;

e. to ensure that unauthorized Shelter Staff do not have access to private and

confidential information regarding Shelter residents and that those authorized to have such

information treat it confidentially.

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8. Within fifteen (1 5S) business days after receipt ofthese draft protocols, Plaintiff

will provide Defendants written comments, questions and proposed modifications and, if

appropriate, a request to meet personally or by telte-conference to discuss them. Defendants will,

in good faith, consider the Plaintiff's written submission and will promptly convene a meeting or

tele-conference if requested by Plaintiff.

9. Within fifteen (I1S5}) business days after receipt ofPPllaaiinnttiiffif"'s written submission or

subsequent meeting, whichever is later, Defendants will furnish to Plaintiff, through counsel.,

final protocols on the subjects listed in Paragraph 6. .,,,.'

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 6 of 13

Matters Related to the December 10. 2008 DOJ] Settlement Agreement
10. Unless the implementation of the December 10, 2008 DOJ] Settlement Agreement prohibits or otherwise precludes them, Defendant TCP agrees to the following changes or clarifications to its reasonable modification policies and procedures:
a. TCP will modifY all ofits reasonable acconunodation fonns and correspondence and other fornmns and correspondence it uses, ifany, that propose to take adverse actions against Shelter applicants and residents to include infonnation about the right to request reasonable modifications ofpolicies or procedures and how to effectuate that right;
b. TCP's shelter housing provider will prepare a log when a reasonable
modification request ("RMR") is made and will record each entry reflecting steps taken to
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process the request, initialed and dated by the applicant or deS5ignee making the request; c. TCP's shelter housing provider will notify the applicant or designee within
forty-eight (48) hours of receipt if the RMR is complete or incomplete; d. Ifthe RMR is incomplete, TCP's shelter housing provider will infonn the
applicant or designee of what infonnation or documentation is needed to complete the RMR; e. Once the RMR is complete, TCP's shelter housing provider will
immediately date-stamp the RMR, provide a copy to the applicant or designee and fax the RMR to TCP;
f. Seven (7) calendar days ~reafter, and continuing weekly, TCP's shelter housing provider will notify the applicant or designee of the status ofttheir RMR; the status will be noted in the log and initialed by the applicant or designee;
g. If TCP's shelter housing provider intends to deny the RMR in whole or in part, it will seek final approval to do so from TCP;

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 7 of 13
h. If TreCpP''s shelter housing provider concludes that the RMR should be granted, but is unable to do so within fourteen (14) calendar days, it must notify TCepP, which will attempt in good faith to effectuate the RMR. TreCpP''s efforts to do so will be recorded in a log maintained by TCePp and made available to the shelter housing provider and/or the person(s) making the RMR. request;
i. TreCpP''s shelter housing provider will provide the applicant or designee a copy ofthe RMR log and any associated documents immediately upon request at no charge.
11. Unless the implementation of the December 10,,2008 DOJ Settlement Agreement prohibits, supersedes, preempts, or otherwise precludes it, TreCpP will draft a proposed protocol for Shelter housing providers to follow when Shelter residents or Shelter applicants request and require shelter and the only appropriate units are occupied by Shelter residents not requiring such a Shelter unit due to disability.
12. TCePp will furnish Plaintiff, through counsel, a draft copy of the proposed policy changes and clarifications set forth in Paragraph 10 and the proposed protocol in Paragraph 11,
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as applicable, by February 27, 2009. a. Plaintiff may, within fifteen (1IS5) business days thereafter, provide written
comments, questions or proposed changes to these documents. b. TCePp will consider those comments, questions and proposed changes in
good faith and will complete a final version ofthe protocol by Apriilll1O0, 2009 or at a later time consistent the process set forth in Paragraph 21 of the DOJ] Settlement Agreement. TCP will provide Plaintiff, through counsel, a copy ofthe final version of this protocol.
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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 8 of 13

13. Implementation ofthe changes and clarifications listed in Paragraph 10 and the

protocol described in Paragraph 11 will occur by May 111,t 2009 or at a later time consiStent with

that set forth in December 10, 2008 DOJ Settlement Agreement.

14. Unless the implementation of the December 10, 2008 Settlement Agreement

prohibits or otherwise precludes them, Defendant TCP agrees to the following modifications or

clarifications to its training program:

a. TCP will offer disability sensitivity training content within the training

programs contemplated in Paragraph 30(b) of the DOJ Settlement Agreement. Ifsuch content is

not included in the training implemented pursuant to the DOJ Settlement Agreement,. then TCP

will offer this training separately. Such training will be offered quarterly; each member of

Shelter housing provider staff will be required to attend each such training program annually and

all new Shelter Staff member will be required to attend or view the training program, or video

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thereof, within sixty (60) days of starting employment.

b. TCP will offer quarterly training programs focusing on general and

compassionate communication techniques and skills, conflict resolution, creative problem

solving and sensitivity to resident needs; each member of Shelter housing provider staff will be

required to attend each such training program annually and all new Shelter Staff member will be

required to attend or view the training program, or video thereof,. within sixty (60) days of

starting employment.

c. TCP will offer semi-annual training programs to Shelter Staff employed at ,';';,"''.",

the Park Road shelter which focuses on particular challenges associated with that shelter; each

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member ofhhoousing provider staffwwill be required to attend one such training program annually.

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 9 of 13

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1IS5. Unless the implementation of the December 10,2008 DOJ] Settlement Agreement

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prohibits or otherwise precludes it, the Defendant TCP agrees to increase expenditures for repair

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and maintenance of shelter properties by at least $33,900 in Fiscal Year 2009 and will prioritize
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resulting expenditures for repairs and modifications that enhance the accessibility and safety or

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. .", units or common areas used by residents with disabilities.

16. Defendants will,. during the course of the forthcoming process to implement the

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DOJ] Settlement Agreement, affirmatively request that the District of Columbia include the

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modifications and enhancements listed in Paragraphs 10-15 above in the resulting fornmns, plans,

policies or procedures intended to implement the DOJ] Settlement Agreement and will request

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that the District of Columbia modify all of its fonns that propose to take adverse actions against

Shelter applicants and residents to include information about the right to request reasonable

modifications of policies or procedures and how to effectuate that right

17. Unless the implementation oftthe December 10,2008 DOJ Settlement Agreement

prohibits or otherwise precludes it, or TCP is no longer contracted by the District of Colwnbia to

provide shelter, the rules, forms, policy changes and clarifications and protocols referred to in

Paragraphs 6, 10 and 11 and the trainings referred to in Paragraph 14 of this Settlement

Agreement shall remain in effect for the period of time set forth in Paragraphs 39 and 40 of the

DOJl Settlement Agreement.

18 The Parties hereby release and discharge each other from any claims, causes of

action, demands and damages of any kind relating to any allegations brought forth in the

Complaint, and any other matter whatsoever, through the Effective Date of this Settlement

Agreement Plaintiff agrees to bring no other action against any other party concerning the

subject matter ofthe instant Complaint.

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 10 of 13

19. This Settlement Agreement constitutes the entire agreement between the Parties

on the matters addressed herein, and the Parties expressly agree that it supersedes and controls

any and all prior communications, whether oral or written,. between the Parties regarding the

matters addressed herein. Each of the Parties expressly acknowledges that no such prior

representations, statements, or promises of any kind were made to induce this Settlement

Agreement, and each of the Parties expressly disavows any reliance or the right to rely upon any

such prior representation, statement or promise.

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20. This Settlement Agreement may be modified only by a writing signed by all

Parties.

21. This Settlement Agreement may be executed by the Parties in one or more

counterparts, all ofwhich taken together shall constitute one and the same instrument.

Signatures on facsimile copies will be treated as original signatures.

22. Failure of a party hereto to insist upon strict performance of any provision ofthis

Settlement Agreement shall not be deemed a waiver of such party's rights or remedies or a

waiver by such party of any default by another party in performance or compliance with any

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terms ofthis Settlement Agreement.

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23. The Parties expressly state, understand and agree that they have had a reasonable and

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sufficient period oftime to consider their decision to accept this settlement and enter into this

Settlement Agreement and Release. The Parties enter into this Settlement Agreement voluntarily

and of their own free will. The Parties further acknowledge that they fully and completely

understand and accept the terms ofthis Settlement Agreement, and that they have the legal capacity

to enter into this Settlement Agreement.

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 11 of 13

24. This Settlement Agreement is a compromise ofdisputed claims and shall not be

considered an admission of liability by any party and shall not be admitted into evidence except

to enforce its terms.

25. This Court retains jurisdiction to enforce the terms of the Settlement Agreement

.'.'.,'.,'

and to conduct such further proceedings and to award such relief as may be necessary to resolve

any breach ofthe Settlement Agreement by any party. In any proceeding to enforce or interpret

this agreement, the prevailing party shall be entitled to all expenses ofthe action, including

reasonable attorney fees.

26. The Effective Date of this Settlement Agreement shall be the date on which all of

the parties have provided their signatures to this Settlement Agreement.

27. Upon executing this Settlement Agreement, the parties agree to immediately

present it to the Court for signature and approval together with a Stipulation of Settlement and

[Proposed] Order of Dismissal in the form set forth in Exhibit 1.

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28. The provisions and obligations ofthis Settlement Agreement are severable and

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divisible. In the event any provision, any obligation, or any consideration ofthe Settlement

Agreement is determined to be illegal or unenforceable, the remainder ofthe Settlement

Agreement shall be enforceable.

29. Plaintiff agrees that she, and not the Defendants, is responsible for any and all

taxes due on the settlement payments set forth herein. Plaintiff agrees that any tax, interest or

penalty amount reSsuUllttiing from any tax audit or review of their respective tax returns by any
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federal, state or local authority with respect to the settlement payments made herein shall be

hbormne fully by her. Plaintiff agrees to indemnify and hold the defendants harmless from any

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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 12 of 13

costs assessments, and claims, including attorney's fees, resulting from any such audit or review of Pla1in0ttiftrf s returns
30. ThIts Settlement Agreement will be governed by the laws of the District of Columbia
AGREED UPON BY.

Dated: Dated:

Anita Brown
AAnniittaaBro~~-on he,:()Wr; behalf and on
behalf ofB.B and T.B.
Defendant The Community Partnership for the Prevention of Homelessness

Dated#-

By: Defendant Families Forward, lnc

IT IS SO ORDERED Dated

UNITED STATESDISTRICT JUDGE
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Case 1:08-cv-01166-ESH Document 14 Filed 02/24/2009 Page 13 of 13

.,

costs assessments, and claims, including attorney's fees, resulting from any such audit or review ofPlaintifrs returns.
30. This Settlement Agreement will be goveerrned by the laws ofthe District of Columbia.

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AGREED UPON BY:

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Anita Brown

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·. Dated: Lefh ,I~:toOoD9
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Dated: -_-_ _ -_ -_-

Defeenndant The Community Partnership for the Prevention of Homelessness
~ Executive Director
Defeennddant Families Forward, Inc.
By: ____________________________________

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
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 Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 1 of 23

FILED

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JUL - 3 2eOB

Clerk, U.s. District ana
Bankruptcy Courts

)

ANITA BROWN,

)

101 57th Place S.E. #A

)

Washington D.C. 20019

)

)

on her own behalf and as next

)

friend to minor children B.B. and T.B.

)

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Plaintiff,

)

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Civil Action No. _ _ _ __

v.

)

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THE COMMUNITY PARTNERSHIP FOR THE )

PREVENTION OF HOMELESSNESS

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801 Pennsylvania Ave., S.E., Suite 360

)

Washington, D.C. 20003,

)

)

Serve: Marlene L. Johnson, Esq.

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1617 Tuckerman Street, N.W.

)

~t ~-i,

~'-If~ Case: 1:08-cv-01166
Assigned To : Huvelle, Ellen S.

~~

Assign. Date: 7/3/2008

Description: Civil Rights-Non-Employ. ' .

Washington, D.C. 20011

)

)

and

)

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FAMILIES FORWARD, INC.

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1012 14th Street, N.W.

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Washington, D.C. 20005

)

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Defendants.

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Serve: Ruby King-Gregory

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1012 14th St., N.W.

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Suite 105

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Washington, D.C. 20005

)

)

--------------------------~)

COMPLAINT

RECEIVED
JUN 2 7 ZO(j~
NANCY MAYER WHITTINGTON, CLERK U.S. DISTRICT COURT

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 2 of 23
INTRODUCTION 1. Plaintiff Anita Brown, a resident of the District of Columbia with a mobility impairment, brings this action on her own behalf and on behalf of her minor sons, B.B. and T.B., seeking declaratory and injunctive relief, compensatory damages, and punitive damages for the Defendants' violation of Titles II and III of the Americans with Disabilities Act ("ADA"), 42 U.S.c. § 12131 et seq., 42 U.S.C. § 12181 et seq.; Section 504 of the Rehabilitation Act of 1973,29 U.S.C. §794(a); and the Fair Housing Act ("FHA"), 42 U.S.C. §3601 et seq.; and for negligence. 2. During Ms. Brown's residence in the emergency shelter system, the Defendants have discriminated against Ms. Brown on the basis of her disabilities. The Defendants knowingly and willfully failed to provide Ms. Brown with reasonable accommodations or modifications in the units to which she has been assigned, and to provide Ms. Brown with equal access to shelter services. Defendants' additional failures to provide basic fixtures, such as railings and bathroom grab bars, and to maintain shelter premises in a safe condition resulted in Ms. Brown falling repeatedly and suffering injuries. 3. This case raises important issues concerning the administration of public shelter programs, including the extent to which contractors of public agencies can design and implement programs that have the purpose or effect of limiting the extent to which people with disabilities can safely receive needed housing and services in shelter programs.
JURISDICTION AND VENUE 4. Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. § 1331 because the claims alleged herein arise under the laws of the United States. This Court has supplemental jurisdiction pursuant to 28 U.S.c. § 1367 to hear and determine Plaintiffs state law claims
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 3 of 23
because those claims are so related to Plaintiffs federal claims that they form part of the same case or controversy under Article III of the United States Constitution.
5. Venue is proper in the this district pursuant to 28 U.S.C. § 1391 (b)(2) because the unlawful conduct that gives rise to these claims occurred within this district. The Court has jurisdiction over Plaintiffs action for declaratory relief pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure.
PARTIES 6. Ms. Anita Brown is a resident of the District of Columbia. She is the mother of two minor sons, B.B. and T.B (hereinafter "minor sons"). She sues on her own behalf and, pursuant to Fed. R. Civ. P. 17(c), on their behalf as next friend. Ms. Brown and her minor sons became homeless in 2004. 7. Since at least 2004, Ms. Brown has had a disability. I She suffers from numerous physical and mental conditions that impair her mobility and her ability to stand, walk, and use stairs, among other major life activities. She has used and continues to use a wheelchair. 8. The Community Partnership for the Prevention of Homelessness ("the Partnership") is a non-profit corporation established in 1989 and headquartered in Washington, D.C. The Partnership, a government contractor, manages the District of Columbia's Continuum of Care on behalf of the city. On information and belief, the Partnership has a contract with the city government to direct, superintend, and manage homeless services providers in the District of Columbia. The Partnership is required to comply with the ADA, Section 504 of the Rehabilitation Act of 1973, and the FHA.
This complaint uses the terms "disability" and "disabled," except when referring to the FHA's statutory language, which uses "handicap" and "handicapped," Giebeler v. M & B Assoc.~.. 343 F.3d 1143, 1146 n. 2 (9th Cir.2003), legislative history, or in quoting previous court decisions. These terms are intended to have identical meanings. See id.
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 4 of 23
9. Through the work of subcontractors, the D.C. Continuum of Care includes prevention services, street outreach efforts, emergency shelter, transitional housing and permanent supportive housing for individuals and families. The Partnership is the sole entity that contracts with the city government to provide emergency shelter services to residents of the District of Columbia. The Partnership, in tum, subcontracts the management and oversight of homeless shelters. The Partnership is responsible for ensuring that its subcontractors comply with the ADA, Section 504 of the Rehabilitation Act of 1973, and the FHA.
10. The Partnership is the leaseholder of the New Beginnings Shelter located at 1448 Park Road, N.W.
11. Defendant Families Forward, Inc. is a non-profit corporation which provides shelter, transitional housing, and community support services for people who are homeless. Families Forward contracts with the Partnership to provide emergency shelter services to District of Columbia residents. Pursuant to a contract with the Partnership, Families Forward operates and is responsible for the day-to-day management of the New Beginnings Shelter.
STATUTORY BACKGROUND
12. In 1988, Congress amended the Fair Housing Act ("FHA"), 42 U.S.c. § 3601 et seq., by enacting the Fair Housing Amendments Act of 1988 ("the Amendments") to afford people with disabilities greater protection from housing discrimination. The law defines "handicap" broadly and prohibits housing discrimination against individuals with physical and/or mental disabilities. In passing the Amendments, Congress specifically prohibited "the use of stereotypes and prejudice to deny critically needed housing to handicapped persons." H.R. Rep. 100-711 at 18, reprinted at 1988 U.S. Code Congo & Admin. News 2173, 2189.
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13. The FHA's ban on disability discrimination reflects a "clear pronouncement of a national commitment to end the unnecessary exclusion of people with handicaps from the American mainstream." Id. In amending the FHA, Congress acknowledged the devastating impact that housing discrimination has on individuals with disabilities and recognized that prohibition of such discrimination is absolutely essential to their inclusion in American life. See id.
14. The FHA makes it illegal to discriminate on the basis of mental or physical disability in the sale or rental of housing or in the provision of services or facilities. It also places certain affirmative obligations on those involved in providing services related to housing. These obligations include requiring that reasonable accommodations be made in rules, policies, practices, and services when such accommodations are necessary to afford individuals with disabilities an equal opportunity to use and enjoy their homes.
15. Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq. and the regulations adopted thereunder, prohibit discrimination against people with disabilities by public entities and their contractors, such as Defendants herein, and require public entities to make "reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability." 28 C.F.R. § 35.130(b)(7).
16. Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., and the regulations adopted thereunder, prohibit the discrimination of individuals on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.
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17. Section 504 of the Rehabilitation Act of 1973,29 U.S.C. § 794, ("Section 504") and the regulations adopted thereunder, apply to recipients of federal funds, such as Defendants herein. Like the FHA, they prohibit discrimination against people with disabilities, and require a recipient to modify its housing policies and practices to ensure that they do not discriminate on the basis of disability.
FACTS 18. Ms. Brown became homeless after her disability forced her to leave her job as a correctional officer for the D.C. Department of Corrections. After she lived with a family member for a short time, Ms. Brown and her two minor sons entered the hypothermia shelter at D.C. General Hospital in December 2004. Subsequently, they were moved to the D.C. Village emergency shelter. From approximately September 7,2005 to June 21, 2007, Ms. Brown and her minor sons lived at the New Beginnings Shelter ("New Beginnings") located at 1448 Park Road N.W., Washington D.C. 20010. From June 21,2007 to March 27, 2008, Ms. Brown and her minor sons lived at the Community of Hope Shelter ("Community of Hope") located at 1413 Girard Street, N.W., Washington D.C. 20009. 19. The shelter units that Mrs. Brown and her minor sons have occupied at New Beginnings and Community of Hope, and that are the subject of this litigation, are "dwellings" within the meaning of the FHA, 42 U.S.C. § 3602(b); constitute a service, program or activity of a "public entity" within the meaning of the ADA, 42 U.S.C. § 12131 et seq.; amount to a program or activity within the meaning of the Rehabilitation Act, 29 U.S.C. § 794; and involve a "transaction in real property" within the meaning of D.C. Code § 2-1401.02.
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 7 of 23
20. On infonnation and belief, there are no fully wheelchair-accessible shelter units in the emergency family shelter system in the District of Columbia. Within the inventory of family shelter units that meet the legal requirement for apartment-style facilities, only two apartments, located at the Community of Hope shelter, can be accessed without walking up steps if the wheelchair lift is operational. Neither of these two units are fully wheelchair accessible.
21. When Ms. Brown was transferred to New Beginnings, she and her minor sons were placed in Unit 405, a unit on the fourth floor. They lived in that unit from approximately September 7,2005 to July 5, 2006. The unit was not equipped with a telephone.
22. New Beginnings has four floors and a basement. During the time period relevant here, the first floor could not be reached without climbing up steps. Each of the upper floors was accessible only through a narrow stairway. None ofthe units was wheelchair-accessible.
23. When Ms. Brown and her minor sons resided there, Unit 405 had broken bathroom tiles, holes in the hallway and living room floors, broken lights, a refrigerator and freezer in disrepair, and bedbug-infested mattresses. Ms. Brown could not use her wheelchair in this unit because the hallways and doorways were too narrow and the kitchen and bathroom were not accessible. She also had difficulty safely using the bathroom and shower because there were no grab bars.
24. In order to reach the fourth floor, Ms. Brown had to climb a small flight of stairs from the front entryway and then four steep flights of stairs. Because of her disabilities, it was very difficult and painful for her to go up and down the stairs. Ms. Brown had to lean against the railings to go up and down the stairs but, because the railings were partially or
7

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 8 of 23
completely detached from the wall at points along the stairway, the railings did not adequately support Ms. Brown. It often took Ms. Brown approximately forty-five minutes to an hour to go up or down the stairs.
25. While Ms. Brown was living in Unit 405, she fell several times on the stairs and in the shower. Ms. Brown generally left her apartment only to attend doctor's appointments and for other urgent needs. The shelter required that children be supervised by parents at all times and Ms. Brown was warned in writing on one occasion when it was believed that she did not comply with this rule. When Ms. Brown's children were out of school, they were often not allowed to leave the shelter unit for several days at a time because Ms. Brown was unable to leave it.
26. During fire drills, Ms. Brown told her minor sons to exit without her because she knew that she was unable to evacuate the building quickly. Each time, her sons worried that she might be trapped inside the building because she could not exit in time.
27. During their residency at New Beginnings, Ms. Brown's minor sons experienced difficulties at school.
28. When Ms. Brown's minor sons were away one weekend with a family member, Ms. Brown experienced debilitating pain. Ms. Brown ran out of pain medicine. Without a phone, she was unable to call for help and was bedridden for two days until her sons returned.
29. Because of the increased pain and isolation Ms. Brown experienced as a result of living on the fourth floor, her depression and anxiety worsened and she was often unable to sleep during the night.
8

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 9 of 23
30. Ms. Brown missed many of her case management meetings because they were held on the first floor. Because the notifications of meetings were posted on the first floor, Ms. Brown was sometimes not aware that she had a scheduled meeting. Ms. Brown often went for months without meeting with her case manager.
31. On the night that Ms. Brown moved into New Beginnings, she spoke with the site manager, Sandra Vanderhurst, about her need to be in an accessible unit. The next day, Ms. Brown gave Mr. Johnson, a staff member of Families Forward a note from her doctor. The note stated that, because of her disability, she should not climb stairs. The staff member took her doctor's note and promised to give a copy to the site manager and to put a copy in Ms. Brown's file.
32. Ms. Brown spoke to the site manager and other staff members on a number of occasions about obtaining a first-floor unit. On several occasions, the site manager explained that they could not move Ms. Brown because no one wanted to live on the fourth floor and that, if they moved her to a first floor unit, they would have to move everyone to the first floor.
33. The New Beginnings building has an elevator and Ms. Brown observed maintenance and other staff members using the elevator. Ms. Brown asked the site manager if she could use the elevator to reach her fourth floor unit but the site manager told her that no residents were permitted to use it.
34. On December 2,2005, Ms. Brown observed a second-floor resident moving out of New Beginnings. Ms. Brown requested that she be placed in the vacant unit while she waited for a first-floor unit to become available. A Families Forward staff member told Ms. Brown that the unit was too small for her family. Ms. Brown was never offered the unit.
9

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 10 of 23
35. On April 4, 2006, Families Forward received a monitoring report from the District of Columbia government, which stated that New Beginnings "is not handicapped accessible" and that "access to services free from discrimination on the basis of disability are not available at [New Beginnings], primarily because access is not available to physically handicapped clients who cannot manage to climb stairs." The Partnership also received a copy of the report.
36. On April 18, 2006, Ms. Brown submitted another letter from her doctor to Families Forward. The letter requested that Ms. Brown be moved to a lower floor unit because Ms. Brown's use of the stairs on a daily basis exacerbated the pain caused by her disabilities.
37. On April 19, 2006, the Families Forward site manager wrote Ms. Brown a letter stating that she was willing to move Ms. Brown to a lower floor unit. A unit was never identified in the letter and Ms. Brown was not shown a unit.
38. On June 15,2006, Ms. Brown, through her legal representative, wrote the Families Forward site manager to again request reasonable accommodations. Ms. Brown requested to be moved to an accessible first-floor apartment, to have her permanent housing subsidy application expedited so that she could obtain housing that met her needs, to receive access to the elevator, and to receive, as an interim measure, an electronic communication device to communicate with Families Forward staff in the event of an emergency.
39. On June 15,2006, the Families Forward site manager sent Ms. Brown a letter acknowledging that it was unsafe for Ms. Brown to remain in her fourth-floor unit because of her inability to timely evacuate the building in the event of an emergency. Further, the site manager identified a first-floor unit that would be available for Ms. Brown on June 19, 2006.
10

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 11 of 23
The site manager did not respond to the other requests that were made in the June 15, 2006 letter.
40. On June 19, 2006, Ms. Brown viewed Unit 108 with her legal representative and a staff member from New Beginnings. Before she was able to convey her interest in the unit later in the day, she was notified that the unit had been given to another family.
41. On June 22 and 29, 2006, Ms. Brown's counsel contacted representatives from the Partnership regarding Ms. Brown's continuing need for a lower-level unit that would accommodate her disability and minor sons.
42. Subsequently, Families Forward identified Unit 106 as available and said Ms. Brown and her sons could move in on June 26,2006.
43. In the week of June 26,2006, a flood occurred in the basement of New Beginnings. Families Forward staffmoved a family displaced by the flood out of the basement and into Unit 106. On infonnation and belief, the family moved to Unit 106 did not have members with any mobility impainnents.
44. On July 5, 2006, Ms. Brown and her minor sons moved into Unit 103, a first-floor unit at New Beginnings.
45. To reach the first floor of New Beginnings and Unit 103, Ms. Brown was required to climb a number of steps. Ms. Brown was unable to use her wheelchair to enter or exit the building. She could not use her wheelchair in Unit 103 because the unit was not wheelchair accessible. In addition, the bathroom had an inaccessible bathtub with no grab bars or other necessary modifications. The floor throughout the unit was uneven and had indentations in it.
11

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 12 of 23
46. On July 5, 2006, the first night that Ms. Brown lived in Unit 103, she fell after stepping in a hole in her bedroom floor. Thereafter, she fell several times in the living areas and the bathroom. For example, on or about June 11,2007, Ms. Brown fell as she was getting out of the bathtub/shower. She leaned toward the sink for support, lost her balance, and fell, injuring her left hip, left shoulder, and right leg. Shortly thereafter, she fell as she rose from a bed in the living room of Unit 103. The floor under the carpeting had disintegrated and gave way beneath Ms. Brown's foot as she stood up.
47. On June 21,2007, Ms. Brown moved with her minor sons to the Community of Hope Shelter, Unit 105, where the family resided until March 27, 2008.
48. Ms. Brown encountered difficulty carrying out daily activities while living in Unit 105 due to its failure to comply with accessibility requirements. For instance, the bathroom contained several deficiencies, including but not limited to: inadequate tum radius, inaccessible bathtub/shower, and inaccessible sink.
49. In the Summer of2007, Ms. Brown fell while getting out ofthe bathtub/shower in Unit 105 at the Community of Hope Shelter, injuring her right leg, back, right hip, and right arm. Ms. Brown's injuries were caused by the inaccessibility of the bathroom.
50. Due to the closure of D.C. Village family shelter, the Partnership was contracted to place over 100 families in a new subsidized transitional housing program called the "Scattered Site Transitional Program" ("SSTP"). Families in the shelter system were placed in order by length of time in shelter. SSTP is a city-funded program that provides rental subsidies in private apartments and case management services to homeless families until they can obtain permanent affordable housing. The Partnership contracted with seven Family Support Collaboratives to provide case management to families in SSTP. The Partnership
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 13 of 23
was partially responsible (along with the District of Columbia government) for locating and securing private rental units to meet the needs of the STTP participants.
51. On August 29,2007, Ms. Brown received a "Notice of Transfer" that stated that Ms. Brown would be placed in STTP by September 14, 2007 because "[t]he provider has found and secured a placement with another program that better meets your needs..." She was assigned a caseworker, Ms. Harris, from the North Capitol Family Support Collaborative to help her locate and lease an appropriate unit. On or about September 5,2007, Ms. Brown was taken to see one apartment available for rental by STTP participants. The apartment did not comply with accessibility requirements. Ms. Harris told Ms. Brown that she did not realize that Ms. Brown needed an accessible unit.
52. Ms. Brown was never shown any additional STTP apartments. On or about September 17, 2007, Ms. Harris left a message for Ms. Brown stating that she had been instructed by the Partnership no longer to assist Ms. Brown.
53. Defendants were at all relevant times aware or should have been aware of Ms. Brown's disabilities and the conditions of the premises in which she and her minor sons resided. Ms. Brown relied upon the Defendants to provide her and her minor sons premises and services free of discrimination on the basis of disability and safe, clean and sanitary shelter premises.
54. Defendants have knowingly, willfully, and recklessly denied Ms. Brown the benefits of and rights to full access to emergency shelter services because she has a disability, have failed to maintain and/or modify the New Beginnings and Community of Hope shelters in a manner that allows mobility-impaired persons equal access to the buildings and living units, and have failed to meet or delayed responding to Ms. Brown's numerous requests for
13

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 14 of 23
reasonable accommodations, and have failed to provide her and her sons safe, clean, and sanitary facilities.
55. On information and belief, during some or all of the relevant time, the Defendants did not have a written policy or procedure to govern the assessment of reasonable accommodation requests. On information and belief, during some or all of the relevant time, Defendants also failed to appoint and/or publicize the identity of ADA Compliance Officers or develop grievance procedures for the resolution of disability rights complaints in the emergency shelter system
56. Defendants negligently supervised and failed to monitor the compliance of subcontractors, and employees with federal and local disability rights law and the Homeless Services Reform Act, D.C. Code § 4-751 et seq.
57. Defendants operate services, programs or benefits on behalf of a public entity, and therefore have statutory duties and obligations under the ADA. Defendants further own, lease or operate places of public accommodation and therefore have statutory duties and obligations under the ADA.
58. Defendants are recipients of federal funds, and therefore have statutory duties and obligations under the Rehabilitation Act.
59. Defendants have violated their affirmative obligations under the ADA and Rehabilitation Act to ensure that public services are offered and public accommodations are provided in a manner that do not discriminate against people with disabilities.
60. For several years, the Defendants have been made aware, through legislative testimony, letters, and oral communication that the shelter system fails to comply with federal and local laws which guarantee disabled individuals equal access to shelter services.
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 15 of 23
Nonetheless, during all or part of the time period relevant here, the Defendants have failed to implement policies and procedures necessary to ensure compliance with these laws.
61. In acting or in failing to act as alleged in this Complaint, each employee or officer of both Defendants was acting in the course and scope of his or her actual or apparent authority pursuant to such agencies, or the alleged acts or omissions of each employee or officer as agent were subsequently ratified and adopted by one of the Defendants as principal.
CLAIMS FIRST CLAIM Violation of the Fair Housing Act (42 U.S.C. § 3601 et seq.) 62. Ms. Brown re-alleges and incorporates by reference each and every allegation contained in Paragraphs 1 through 61 above. 63. Ms. Brown has a disability within the meaning of the Fair Housing Act ("FHA"), 42 U.S.c. § 3602(h) because, as alleged herein, she has impairments which substantially limit one or more major life activities. 64. Emergency shelter units are "dwellings" as defined in 42 U.S.C. § 3602(b). 65. Defendants are subject to the provisions of the FHA. 66. Defendants injured Ms. Brown and her minor sons in violation of the FHA by: a. Discriminating against them in rental of, or otherwise making unavailable or denying, a dwelling because of a disability in violation of 42 U.S.C. § 3604(t)(l ); b. Discriminating against them in the terms, conditions, or privileges of rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability, in violation of 42 U.S.C. § 3604(t)(2);
15

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 16 of 23
c. Refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations were necessary to afford disabled persons equal opportunity to use and enjoy a dwelling, in violation of 42 U.S.c. § 3604(f)(3)(B);
67. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered discrimination, physical injuries and emotional distress.
SECOND CLAIM Violation of Section 504 of the Rehabilitation Act (29 U.S.c. § 794) 68. Ms. Brown re-alleges and incorporates herein by reference each and every allegation contained in Paragraphs 1 through 61 above. 69. Defendants receive federal financial assistance in connection with their management of the emergency shelter system and other programs and services. 70. Defendants' operations constitute a "program or activity" within the meaning of 29 U.S.c. § 794(b). 71. Ms. Brown is a qualified individual with a disability as defined by 29 U.S.C. § 705(20). 72. Section 504 of the Rehabilitation Act prohibits recipients of federal funding from denying to qualified persons with disabilities the benefits provided by the recipient, or from subjecting persons with disabilities to discrimination. 29 U.S.C. § 794. 73. Defendants have violated Section 504 of the Rehabilitation Act, 29 U.S.c. § 794, by: a. Denying Ms. Brown the opportunity to benefit from the emergency shelter
programs or activities, including the STTP program, because of her disabilities;
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 17 of 23
b. Discriminating against Ms. Brown because of her disability, including refusing to grant Ms. Brown's requests for reasonable accommodations or modifications;
c. Using criteria or methods of administration of their programs, which effectively discriminates because of disability and which defeat or substantially impair the objectives of the program for qualified individuals with a particular disability;
d. Adopting and enforcing policies which fail to ensure that Ms. Brown has access and enjoyment of emergency shelter services in a manner equal to those without disabilities;
e. Failing to develop or maintain a sufficient number of units that are accessible to persons using wheelchairs or who have mobility impairments in order to provide equal access to emergency shelter services for persons with disabilities; and
f. Failing to provide Ms. Brown a fully accessible unit compliant with ADA regulations and sufficient to provide her equal access to emergency shelter.
74. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered discrimination, physical injuries and emotional distress.
THIRD CLAIM Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) 75. Ms. Brown re-alleges and incorporates herein by reference each and every allegation contained in Paragraphs 1 through 61 above. 76. Title II ofthe ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132, et seq.
17

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 18 of 23
77. Ms. Brown is a qualified individual with a disability within the meaning of 42 U.S.C. § 12131(2}.
78. Defendants are public entities within the meaning of 42 U.S.C. § 12131 (I) because they are instrumentalities of the District of Columbia.
79. Defendants have violated Title II ofthe ADA by: a. Denying Ms. Brown the benefits oftheir services, programs, and activities and
subjecting her to discrimination; b. Refusing to make reasonable modifications in their policies, practices, or
procedures necessary to afford Ms. Brown and other individuals with disabilities access to the services and privileges offered by Defendants, in violation of 28 C.F.R § 35.130(b}(7}; c. Using criteria or methods of administration of their services, programs, or activities, the effect of which discriminates against Ms. Brown because of disability; d. Adopting and enforcing or refusing to adopt and enforce policies and practices designed and intended to ensure that Ms. Brown has access and enjoyment of emergency shelter services in a manner equal to those without disabilities; e. Failing to develop or maintain a sufficient number of units that are accessible to persons using wheelchairs or who have mobility impairments in order to provide equal access to emergency shelter services for persons with disabilities; and f. Failing to provide Ms. Brown a fully accessible unit compliant with ADA regulations and sufficient to provide her equal access to emergency shelter.
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 19 of 23
80. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered discrimination, physical injuries and emotional distress.
FOURTH CLAIM Americans with Disabilities Act (42 U.S.C. § 12181 et seq.) 81. Ms. Brown re-alleges and incorporates herein by reference each and every allegation contained in Paragraphs 1 through 61 above. 82. Title III ofthe ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. § 12182(a), et seq. 83. Ms. Brown is an individual with a disability within the meaning of 42 U.S.C. § 12182 and was a client or customer of a covered public accommodation. 84. New Beginnings and Community of Hope are "public accommodations" within the meaning of 42 U.S.C. § 12181(7). 85. Defendants own, lease or operate "public accommodations." 86. Defendants have violated Title III of the ADA by: a. Denying Ms. Brown the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation; b. Affording Ms. Brown with an opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals;
19

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 20 of 23
c. Providing Ms. Brown with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals;
d. Denying Ms. Brown an opportunity to participate in programs and activities that are not separate or different;Utilizing standards or criteria or methods of administration that have the effect of discriminating on the basis of disability or that perpetuate the discrimination of others who are subject to common administrative control;
e. Failing to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities;
f. Failing to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services;
g. Failure to remove architectural barriers that are structural in nature, in existing facilities, where such removal is readily achievable.
87. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered discrimination, physical injuries and emotional distress.
FIFTH CLAIM Negligence and Negligence Per Se 88. Ms. Brown re-alleges and incorporates by reference each and every allegation contained in Paragraphs 1 through 61 above. 89. Defendants negligently failed to place Ms. Brown in accessible shelter units, to maintain the buildings adequately for her safety as a resident, and to provide her services and
20

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 21 of 23
shelter free from discrimination on the basis of disability. Specifically, Defendants were negligent per se in failing to meet their obligations under the Homeless Services Reform Act, D.C. Code § 4-754.
90. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered physical injuries and emotional distress.
SIXTH CLAIM Negligence: Vicarious Liability 91. Ms. Brown re-alleges and incorporates by reference each and every allegation contained in Paragraphs 1 through 61 above. 92. Defendants are vicariously liable for the acts and omissions of their agents in providing reasonable care for Ms. Brown. 93. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered physical injuries and emotional distress.
SEVENTH CLAIM Negligent Supervision 94. Ms. Brown re-alleges and incorporates by reference each and every allegation contained in Paragraphs 1 through 61 above. 95. Defendants negligently failed to monitor and supervise the actions of contractors, employees, and agents responsible for ensuring that Ms. Brown and her minor sons resided in appropriate and fully accessible shelters, in safe, clean and sanitary shelter conditions and in shelter free of discrimination based on Ms. Brown's disability. 96. Defendants' conduct proximately caused damages to Ms. Brown and her sons, who suffered physical injuries and emotional distress.
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Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 22 of 23
PRAYER FOR RELIEF WHEREFORE, Ms. Brown respectfully requests that the Court enter an order:
1. Declaring that the Defendants have violated: a. The Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) b. Section 504 of the Rehabilitation Act (42 U.S.C. § 794) c. The Fair Housing Act (42 U.S.C. § 3601 et seq.)
2. Declaring that the Defendants have acted negligently or have failed to act; 3. Awarding monetary damages to Ms. Brown and her minor sons in an amount to be
determined at trial; 4. Awarding punitive damages; 5. Awarding reasonable costs and attorneys fees; 6. Awarding any other relief that the court finds just and proper.
JURY DEMAND Pursuant to Federal Rule of Civil Procedure 38(b), Ms. Brown hereby requests a trial by jury as to each and every claim for which she is so entitled.
Respectfully submitted,
Patricia Mullahy Fukire
DC Bar No. 384796 Amber W. Harding ~ DC Bar No. 484130 Washington Legal Clinic for the Homeless 1200 U Street, N.W. Washington, D.C. 20008 (202) 328-5500 (202) 328-5515 (fax)
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•

Case 1:08-cv-01166-ESH Document 1 Filed 07/03/08 Page 23 of 23

Jeffr S. Gutman D.. BarNo. 416954 The George Washington University Law School 2000 G Street, N.W. Washington, D.C. 20052 (202) 994-7463 (202) 994-4693 (fax)
Counsel for Plaintiff
Dated: June 27,2008

23

JS-44 :Rev. liDS DC)

Case 1:08-cv-01166-ECSIHVILDCocOuVmEeRntS1H-1EETFiled 07/03/08 Page 1 of 2

I (8) PLAINTIFFS

DEFENDANTS

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF //00/
(EXCEPT IN U.S. PLAINTIFF CASES)

1;W ~QN;,i'y ~Js1t!..:i"#')p"'~ ~
~~0IVi);~.~ 47At.-
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT ~_ __ (IN U.S. PLAINTIFF CASES ONLY)

f!:!' ;;,. , NOTE: IN LAND CONDEMNATION CASES, USE THE LOCAljON OF THE
TF ArT nll' ANT) INVOI .YEO

f ( - - ~------------------------~ (C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) A"

Cas.e: 1:08-cv-0 1166

"~ "4"~ ) I

.r-~O· Assigned To : Huve"e, E"en S. '-

Assign. Date: 7/3/2008

. ~

Description: Civil Rights-Nan-Employ. '~ , ' -

II. BASIS OF JURISDICTION

III CITIZENS~_ .

(pLACE AN x IN ONEl@NLY)

FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLYI

C I U.S. Government Plaintiff

_ 3 ederal Question .S. Government Not a Party)

Citizen of this State

PTF DFT

,

PTF

DFT

01 01 Incorporated or Principal Place 04

04

of Business in This State

C 2 U.S. Government

0 4 Diversity

Defendant

(Indicate Citizenship of Parties

in item III)

Citizen of Another State 02 Citizen or Subject of a 03

02 03

Incorporated and Principal Place 05 of Business in Another State

05

Foreign Country

Foreign Nation

06 06

IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place a X in one category, A-N, that best represents your cause of action and one in a correspondine; Nature of Suit)

Cl A. Antitrust
C 410 Antitrust

Cl B. Personal Injury/ Malpractice
0310 Airplane 0315 Airplane Product Liability o 320 Assault, Libel & Siauder o 330 Federal Employers Liability 'c 340 Marine 0345 Marine Product Liability o 350 Motor Vehicle C 355 Motor Vehicle Product Liability 0360 Otber Personal Injury C 362 Medical Malpractice o 365 Product Liability o 368 Asbestos Product Liability

Cl C. Administrative Agency Review'
o 151 Medicare Act
Social Security: 0861 HIA «1395ff) o 862 Black Lung (923) o 863 DIWCIDIWW (405(g)
o 864 ssm Title XVI
0865 RSI (405(g)
Other Statutes o 891 Agricultural Acts o 892 Economic Stabilization Act o 893 Environmental Matters o 894 Energy Allocation Act 0890 Otber Statutory Actions (If
Administrative Agency is Involved)

Cl D. Temporary Restraining OrderlPreliminary Injunction
Any nature of suit from any category may be selected for tbis category of case assignment.
·(IfAntitrust, tben A governs)·

Cl E. General Civil (Other) OR Cl F. Pro Se General Civil

Real Property C 210 Land Condemnation o 220 Foreclosure C 230 Rent, Lease & Ejectment o 240 Torts to Land C 245 Tort Product Liability C 290 All Otber Real Property
Personal Property
c 370 Other Fraud
C 371 Trutb in Lending C 380 Otber Personal Property Damage C 385 Property Damage Product Liability
Bankruptcy C 422 Appeal 28 USC 158
c 423 Withdrawal 28 USC IS7

Immigration 0462 Naturalization Application o 463 Habeas Corpus- Allen
Detainee o 465 Other Immigration Actions
Prisoner Petitions C 535 Death Penalty o 540 Mandamus & Other C 550 Civil Rlgbts C 555 Prison Condition
Property Rights Cl 820 Copyrigbts C 830 Patent C 840 Trademark
Federal Tax Suits o 870 Taxes (US plaintiff or
defendant

o 871 IRS-Tbird Party 26 USC 7609
Forfeiture/Penalty C 610 Agriculture C 620 Other Food &Drug o 625 Drug Related Seizure of
Property 21 USC 881 Cl 630 Liquor Laws C 640 RR & Truck o 650 Airline Regs Cl 660 Occupational
Safety/Health
c 690 Other
Otber Statutes o 400 State Reapportionment o 430 Banks & Banking o 450 Commerce/ICC
Rates/etc.

o 460 Deportation o 470 Racketeer Influenced & Corrupt
Organizations
o 480 Consumer Credit o 490 Cable/Satellite TV
o 810 Selective Service o 850 Securities/Commoditles/
Excbange o 875 Customer Cballenge 12 USC
3410 o 900 Appeal of fee determination
under equal access to Justice o 950 Constitutionality of State
Statutes o 890 Otber Statutory Actions (if not
Administrative Agency Review or Privacy Act)
- c::) , -

Case 1:08-cv-01166-ESH Document 1-1 Filed 07/03/08

Cl G. Habeas Corpus/

Cl H. Employment

Cl I. FOIAIPRIVACY

2255

Discrimination

ACT

c 530 Habeas Corpus-General c 510 MotlonNacate Sentence

c 442 Civil Rights-Employment (criteria: race, gender/sex,

c 895 Freedom of Information Act c 890 Other Statutory Actions

national origin, '

(If Privacy Act)

dlsCrlmlnitliln, disability

age, religion, retaliation)

Page 2 of 2 Cl J. Student Loan
c 152 Recovery of Defaulted Student , Loans (excluding veterans)

*(If pro se, select this deck)·

*(If pro se, select this deck)·

Cl K. LaborlERISA (non-employment)
C 710 Fair Labor Standards Act CJ 720 Labor/Mgmt. Relations C 730 Labor/Mgml. Reporting &
Disclosure Act C 740 Labor Railway Act C 790 Other Labor Litigation C 791 Empl. Ret. Inc. Security Act

~. Other Civil Rights
(non-employment)
CJ 441 Voting (if not Voting Rights
Act)
CJ 443 Housing/Accommodations CJ 444 Welfare
CJ 440 Other Civil Rights
o 445 American w/Dlsabilities-
~~ Employment lr. 6 Americans wlDlsabilities-
Other

Cl M. Contract
c 110 Insurance CJ 120 Marine CJ 130 Miller Act c 140 Negotiable Instrument c 150 Recovery of Overpayment &
Enforcement of Judgment CJ 153 Recovery of Overpayment of
Veteran's BeneOts CJ 160 Stockholder's Suits c 190 Other Contracts CJ 195 Contract Product liability
o 196 Franchise

Cl N. Three-Judge Court
CJ 441 Civil Rights-Voting (if Voting Rights Act}
.

~ORIGIN
! ~Origlnal
Proceeding

CJ 2 Removed from State Court

CJ 3 Remanded from C 4 Reinstated

C 5 Transferred from

CJ Multi district C 7Appeal to

Appellate Court

or Reopened

another district

Litigation

District Judge

(specify)

from Mag.

Judge

¥z VI.

CAUSE

OF

ACTION

(CITE

THE

U.S.

CIVIL

STATUT«E,sUeND/EZR WeHnIClH

YOU

A~ WRITE ~EF STATEMENT OF
S 4.1/ 4)"m(;4'4t:r'S

CAUSE.)

vn, REQUESTED IN CHECK IF TIllS IS A CLASS

COMPLAINT

CJ

ACTION UNDER F.R.C.P. 23

DEMANDS

Check YES only if demanded in complaint

JURy DEMAND:@S

CJ NO

VIII. RELATED CASE(S) IF ANY

(See instruction)

CJ YES C NO If yes, please complete related case fonn.

DATE
1.3.08'

SIGNATURE OF ATTORNEY OF RECORD
ec.))

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44 Authority for Civil Cover Sheet

The JS-44 civil cover sheet and the infonnation contained herein neither replaces nor supplements the filings and service of pleadings or other papers as required by aw, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of ::ourt for the purpose of initiating the civil docket sheet. Consequently a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. Listed below are tips br completing the civil cover sheet. These tips coincide with the Roman Numerals on the Cover Sheet.

I.

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFFIDEFENDANT (b) County of residence: Use 11001 to indicate plaintiff is resident of

Washington, D.C.; 88888 if plaintiff is resident ofthe United States but not of Washington, D.C., and 99999 if plaintiff is outside the United States.

III.

CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed Q!l!y if diversity of citizenship was selected as the Basis of Jurisdiction under Section

II.

IV.

CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best represents the

primary cause of action found in your complaint. You may select only Q!!!l category. You!!l!!§! also select Q!!!l corresponding nature of suit found under

the category of case.

VI.

CAUSE OF ACTION: Cite the US Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII. RELATED CASES, IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from the Clerk's Office.

Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to Signing the form.

lfornu\is-44. wpd

 
 Case 1:08-cv-01166-ESH Document 15 Filed 02/24/09 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

FILED

)

ANITA BROWN,

)

)

Plaintiff,

)

)

v.

)

)

)

THE COMMUNITY PARTNERSHIP FOR THE )

PREVENTION OF HOMELESSNESS

)

)

and

)

)

FAMILIES FORWARD

)

)

Defendants.

)

--------------------------------~)

FEB 242009
NANCY MAYER WHITTINGTON, CLERK U.S. DISTRICT COURT
Case: I :08-cv-O1166 (ESH)

STIPULATION OF DISMISSAL AND ORDER OF DISMISSAL In accordance with the Settlement Agreement which is attached hereto and incorporated by reference herein, the parties in the above-captioned action agree that execution of this stipulation constitutes a dismissal of this action with prejudice pursuant to Fed. R. Civ. P. 41(a)(i)(A)(ii). The Court retains jurisdiction to enforce the terms of the Settlement Agreement and to conduct such further proceedings and to award such relief as may be necessary to resolve any breach of the Settlement Agreement by any party.

Case 1:08-cv-01166-ESH Document 15 Filed 02/24/09 Page 2 of 2

/s/ Amber Harding Amber Harding Washington Legal Clinic for the Homeless 1200 U Street, N.W. Washington, D.C. 20008

/s/ Marlene Johnson Marlene Johnson The Community Partnership for the Prevention of Homelessness 1617 Tuckerman St., N.W. Washington, D.C. 20011

/s/ Jeffrey S. Gutman Jeffrey S. Gutman The George Washington University Law School 2000 G Street, N.W. Washington, D.C. 20052

/s/ Eric M. Rome Eric M. Rome Eisen & Rome 1 Thomas Circle #850 Washington, D.C. 20005

Counsel for Plaintiff

Counsel for Defendants

Dated: February 20, 2009 In consideration of the foregoing stipulation and the attached Settlement
Agreement, the terms of which are incorporated in this Order and compliance with which is required by this Order, this action is dismissed with prejudice. The Court shall retain jurisdiction over this action for the purpose of conducting such further proceedings and awarding such relief as may be necessary to enforce any provision of the Settlement Agreement.

IT IS SO ORDERED.

2

 
 SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

T~E DISTRICT OF COLUMBIA

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ # 204-16-96

BACKGROUND AND PARTIES

1. The parties to this Settlement Agreement ("Settlement") are the United States of America and the District of Columbia (the "District"). The "District" shall mean the subordinate agency or employee of the District of Columbia government under the administrative control of the Mayor with authority to undertake the action required, exclusive of District contractors, subcontractors, or agents.

2. The Attorney General initiated this matter as a review of the accessibility of the District of Columbia's homeless shelter program (the "Shelter Program") to individuals with disabilities under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Attorney General's implementing regulation, 28 C.F.R. Part 35. The review was initiated after the Attorney General received individual complaints alleging widespread ADA violations in the Shelter Program. The District denies that there are widespread ADA violations in the Shelter Program.

3. The ADA applies to the District because it is a "public entity" as defined by title II ofthe

ADA. 42 U.S.C. § 12131(1).

.

4. The Attorney General is authorized under 28 C.F.R. Part 35, Subpart F, to determine compliance with title II of the ADA and the Attorney General's title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Attorney General fail to secure voluntary compliance pursuant to Subpart F.

5. In order to avoid the burdens and expenses of possible litigation, the parties enter into this Settlement. Nothing in this Settlement shall constitute an admission of liability by the District or any other party.

6. In consideration of, and consistent with, the terms of this Settlement, the United States agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Settlement,except as provided in the section entitled "Implementation and Enforcement. "

7. In consideration of, and consistent with, the terms of this Settlement, the United States hereby releases and discharges the District from any claims, causes of action, costs, attorneys fees, demands and damages of any kind, known or unknown, relatirig to any allegations brought forth in the following complaints filed in the United States District Court for the District of Columbia: Anita Brown v. The Community Partnership for the Prevention of Homelessness and Families Forward, Inc., Docket # 08-01166 (ESH); Elaine Camp v. The Community Partnership for the Prevention of Homelessness and Families Forward, Inc., Docket # 08-01244 (RJL); and Norris and Dontieia Green v. The Community Partnership for the Prevention of Homelessness, Docket # 08-1243 (RJL).

8. This Settlement addresses the right of individuals with disabilities to equally access the Shelter Program. No provision of this Settlement shall be construed to create an entitlement to Shelter (either direct or implied) on the part of any individual or family.

9. No provision of this Settlement shall be construed to require the District to take any action with respect to its existing facilities where it can demonstrate that the action would result in a fundamental alteration in the nature of the Shelter Program or in undue financial and administrative burdens on the District.

10. The District expressly states that its contractors and subcontractors are not parties to this

Settlement.

.

DEFINITIONS

11. "Auxiliary aids and services" shall have the definition set forth in the implementing
regulation for title II of the ADA. See 28 C.F.R. § 3S.104.

12. "Disability" shall have the definition set forth in the implementing regulation for title II
ofthe ADA. See 28 C.F.R. § 3S.104.

l3. "Family" shall have the definition set forth in the Homeless Services Reform Act of 200S, DC Code § 4-7S1.01 (200S).

14. "Hypothermia Shelter" shall have the definition. set forth in the Homeless Services Reform Act of200S, DC Code § 4-7S1.01 (200S).

2

15. "Shelter" means "severe weather shelter," "low barrier shelter," and ''temporary shelter" as those terms are defined in the Homeless Services Reform Act of2005, DC Code 4751.01 (2005).
16. "Shelter Program" means the services, programs, and activities for Shelter residents provided by the District directly or through contractual arrangements.
17. "Shelter Staff' means individuals who (a) provide services directly to individuals and families seeking Shelter and/or (b) administer the Shelter Program.
REMEDIAL ACTION
18. ADA Coordinator
a. The DistriCt shall have at least one ADA Coordinator with responsibility for working with District officials and the Shelter Program to achieve ADA compliance in the Shelter Program. The ADA Coordinator(s) shall have prior relevant experience that demonstrates expertise and knowledge about the ADA.
b. The ADA Coordinator(s), along with designated District officials, will coordinate the District's effort to comply with and carry out its responsibilities under this Settlement. These responsibilities shall include the investigation of any complaint communicated to the ADA Coordinator(s) alleging a failure to satisfy requirements under title II of the ADA in the Shelter Program. The District will make available to any interested individuals the narne(s), office addressees), and ' telephone number(s) of the ADA Coordinator(s).
19. Notification
a. Within ninety (90) days of the effective date of this Settlement, the District's Office of Disability Rights ("ODR") will revise the District's ADA notice to ensure that it provides sufficient notice of rights under title II of the ADA. ODR shall, at a minimum, ensure that the revised notice includes information on the complaint procedures available to an individual who wishes to allege a violation of title II of the ADA. The revised notices shall be posted in conspicuous locations in Shelters and in places frequented by individuals who are likely to use the Shelter Program, including District offices that provide benefits and services to low-income District residents. Copies shall also be provided to persons hired as Shelter Staff within ten (10) days of the commencement of their employment as Shelter Staff. The District will refresh the posted copies and update the contact information contained on the notice, as necessary, for the term of this Settlement. Copies of the notice shall be made available to any person upon request.
3

b. Within one-hundred and twenty (120) days of the effective date of this Settlement, the District will require the Shelter Program to develop written procedures for providing information to Shelter clients concerning their rights and the District's obligations under title II of the ADA, and the District will provide a copy of these procedures to the United States.
20. Physical Accessibility of the Shelter Program
a. The United States surveyed fifteen Shelters, including ten Shelters that the District identified as accessible to individuals with disabilities. The United States contends that none of the Shelters complied with the ADA Standards for
Accessible Design (the "ADA Standards"). See Attachment 1.
b. Within ninety (90) days of the effective date of this Settlement, the District will draft an interim physical access plan ("Interim Plan") for the Shelter Program. The Interim Plan shall identify those items described in Attachment 1 and in the District's own assessments that the District can address to increase access to the Shelter Program between the effective date of this Settlement and such time as the United States provides written notification to the District that the comprehensive physical access plan, described below, has been fully implemented. The District will provide the United States with a progress report on the Interim Plan no later than one-hundred and eighty (180) days after the effective date of this Settlement.
c. . Within (90) days of the effective date of this Settlement, the District shall draft a comprehensive physical access plan for the Shelter Program ("Comprehensive Plan"). The Comprehensive Plan shall detail the steps the District will take to ensure that the Shelter Program is readily accessible to and usable by individuals with physical disabilities within two (2) years of the DIstrict's initial implementation of the Comprehensive Plan, addressed in Paragraph 200) below. At a minimum, the Comprehensive Plan shall detail the steps the District will take to ensure that existing Shelters are modified, l or that new Shelters are created in
1 Any Shelter facility that is designated for use by clients with physical disabilities under the Comprehensive Plan shall, at a minimum: (a) satisfy the requirements of Section 9.5.2(2)(a)-(f) of the ADA Standards, regardless of whether the facility has been altered; (b) have at least one of each type of common area at the facility readily accessible to and usable by individuals with physical disabilities; and (c) have at least one of each type of amenity offered to Shelter clients readily accessible to and usable by individuals with physical disabilities.
If satisfying these requirements at a Shelter facility designated for use by clients with physical disabilities under the Comprehensive Plan would be technically infeasible or would result in undue fmancial and administrative burdens to the District, then the Comprehensive Plan shall (a) provide a detailed written explanation of why that is the case, and (b) provide a detailed description of the alternative methodes) that the Shelter Program will utilize to ensure that all services, programs, and activities available to clients at that facility are readily accessible to and usable by clients with physical disabilities.
4

compliance with the ADA Standards, so that within two (2) years of the District's initial implementation ofthe Comprehensive Plan, addressed in Paragraph 200) below, individuals with physical disabilities have access to Shelters that are at least equivalent to those available to individuals who do not have physical disabilities. Thus, if the Comprehensive Plan does not require every Shelter to be in compliance with the ADA Standards, it must ensure that:
i. 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;
11.' individuals with physical disabilities are not subjected to Shelter rules or requirements more burdensome than those used at inaccessible Shelters;
iii. individuals with physical disabilities have access to the Shelter Program in the most integrated setting appropriate to the needs of such individuals; and
IV. individuals with physical disabilities otherwise have equivalent access to the services, programs, and activities of the Shelter Program.
d. Within ninety (90) days of the effective date of this Settlement, the District shall make the Comprehensive Plan available to interested persons including Shelter residents and organizations that represent Shelter applicants and residents. The District will seek comments and suggestions to improve the Comprehensive Plan for a minimum of forty-five (45) days (the "Comn1ent Period").
e. The District shall provide interested persons, including Shelter residents and organizations that represent Shelter residents, with advance written notice of the Comment Period. Methods of providing notice shall include prominent postings at Shelters and e-mail notification to organizations that represent Shelter residents. During the Comment Period, the District shall accept written comments in any form (including but not limited to e-mails) and maintain copies of all comments.
f. The District will also hold at least one public hearing on the Comprehensive Plan during the Comment Period. The District will provide interested persons, including Shelter residents and organizations that represent Shelter residents, with
5

at least two weeks written notice ofthe hearing(s). Methods of providing such notice shall include prominent postings at Shelters and e-mail notification to organizations that represent Shelter residents. The proceedings of the hearing shall be transcribed.

g. Within sixty (60) days of the end of the Comment Period the District shall review all public comments and, where appropriate, modify the Comprehensive Plan in response to those comments.

h. Within sixty (60) days ofthe end of the Comment Period the District shall have the First Revised Comprehensive Plan sent to the United States bye-mail (or another mutually acceptable electronic format.) Along with the First Revised Comprehensive Plan the District shall forward to the United States bye-mail (or another mutually acceptable electronic format) the version of the Comprehensive Plan that was submitted for public comment, copies of all public comments, and a transcript of the public hearing(s).

1.

The United States will provide the District with a written response to the

District's First Revised Comprehensive Plan. The District, within sixty (60) days

of its receipt ofthe United States' response to the First Revised Comprehensive

Plan, shall have a' Second Revised Comprehensive Plan hand-delivered to the

United States and sent to the United States bye-mail (or another mutually

acceptable electronic format). The District shall include with the Second Revised

Comprehensive Plan a detailed explanation of any disagreement or concern with

the United States' response to'the First Revised Comprehensive Plan.

J.

The United States will provide the District with a written response to the

District's Second Revised Comprehensive Plan. Within sixty (60) days of its

receipt of the United States' response, the District shall begin implementing all

portions of the Second Revised Comprehensive Plan upon which the parties

agree. If the United States and the District have been unable to reach agreement

on all aspects of the Second Revised Comprehensive Plan within ninety (90) days

of the United States' final response, then the provisions of Paragraph 32 shall

apply as if the United States had provided the thirty (30) days notice required by

that paragraph.

k. If any portion of the Comprehensive Plan is affected by application of the historic property provision, see 28 C.F.R. § 35.150(a)(2), the District will include in the Comprehensive Plan a detailed written explanation that demonstrates how that provision applies.

6

1. The United States may, for good cause, provide written extensions of the deadlines set forth in this paragraph. The United States shall not unreasonably deny a request for such an extension.
21. Reasonable Modification of Shelter Policies and Procedures
a. Within one-hundred and twenty (120) days of the effective date of this Settlement, the District will ensure that Shelter Program policies, practices, and trainings are created or modified to achieve the following:
1. Notification of Right to Request Reasonable Modification
(1), Each individual applying for Shelter shall be notified of his or her right to request a reasonable modification to a rule, policy,
. practice; or procedure because of his or her disability.
(2) Intake forms provided to applicants shall include notification of the individual's right to request reasonable modification.
ii. Processing of Reasonable Modification Requests
(1) Any request for an exception, change, or adjustment to a Shelter Program rule, policy, practice, or procedure - on the basis of an individual's disability - shall be treated as a reasonable modification request. Such a request may be made to Shelter Staff by the individual requesting a reasonable modification, or by a representative authorized to act on the individual's behalf. An individual's request for reasonable modification shall not be denied on grounds that the individual failed to adhere to the District's procedures or forms for making such requests.
(2) In response to a request for a reasonable modification, Shelter Staff shall only request disability-related information that: (1) is necessary to verify that the individual meets the ADA's definition of disability (Le., has a physical or mental impairment that substantially limits one or more major life activities), or, (2) describes the needed modification, or (3) shows the relationship between the individual's ·disability and the need for the requested modification.
(3) When a requesting individual's disability is known to Shelter Staff, or is readily apparent, information about the disability shall not be requested unless it is necessary to evaluate the disability-related
7

need for the modification. Depending on the individual's circumstances, information verifying this need can usually be provided by the individual himself or herself. A doctor or other medical professional, a peer support group, a nonmedical service agency, or a reliable third party who is in a position to kpow about the individual's disability may also provide such verification, consistent with federal privacy laws. In most cases, an individual's medical records or detailed information about the nature of an individual's disability are not necessary for this inquiry.
(4) Once Shelter Staffhave established that an individual meets the ADA's definition of disability, the request for documentation should seek only the information that is necessary to evaluate if the reasonable modification is needed because of a disability. Consistent with federal privacy laws, such information must be kept confidential and must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable modification request or unless disclosure is required by law.
(5) The District will create a mechanism so that it is notified of all Shelter Program decisions on reasonable modification requests within twenty four (24) hours.
lll. Timing ofthe Shelter Program's Response to'a Reasonable Modification Request
(1) The Shelter Program issues decisions on reasonable modification requests promptly.
(2) 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.
iv. ' Recordkeeping for Reasonable Modification Requests
(1) All documents related to reasonable modification requests filed after the effective date of this Settlement are retained for the term of this Settlement.
8

v.' Miscellaneous

(1) When Shelter Staff believe that an individual seeking Shelter or residing at a Shelter poses a direct threat to the health or safety of others due to a mental or physical disability, reasonable modifications which could eliminate that threat should be offered prior to denying Shelter to that individual.

(2) Shelter Staff shall not require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under title II of the ADA which that individual chooses not to accept.

b. Examples of reasonable modifications may include, but are not limited to:

1.

modifying a Shelter's rules concerning food storage or kitchen access for

an individual who has special dietary needs due to a disability, if the

individual requests such a modification;

11. modifying a Shelter's rules so that an individual with a disability can be in close proximity to an individual who provides him or her with medical assistance, if the individual with a disability requests such a modification;

iii. modifying the placement of an individual's bed due to that individual's disability-related needs, if the individual requests such a modification; and

iv. providing non-communal Shelter to a family who carmot reside in a communal Shelter due to a family member's disability, if the family requests such a modification.

c. Nothing in this Settlement shall be construed as requiring the District to ensure that the Shelter Program grants a reasonable modification request where the District or the Shelter Program can demonstrate that doing so will result in a fundamental alteration to the nature of the Shelter Program, an undue financial or administrative burden on the District, or in a direct threat to the health or safety of others.

22. Effective Communication

a. Within ninety (90) days of the effective date of this Settlement the District will ensure that the Shelter Program takes the following actions to facilitate effective communication with Shelter applicants and clients who have disabilities related to speech, vision or hearing:

9

, 1.

obtain the necessary equipment, establish the written procedures, and

provide the training necessary to ensure that the Shelter Program furnishes

appropriate auxiliary aids and services where necessary to afford an

individual with a disability an equal opportunity to participate in, and

enjoy the benefits of, the Shelter Program;

ii. enter into contracts or make other arrangements with qualified sign language and oral interpreters to ensure their availability when required for effective communication with individuals who are deaf or hard of hearing; and

111. require that whatever written information is provided to Shelter applicants or clients will also be provided in alternate formats - including large print or audio recording - upon request.

b. In providing effective communication neither the District nor the Shelter Program is required to take any action that the District or the Shelter Program can demonstrate would result in a fundamental alteration in the nature ofthe Shelter Program or in undue financial and administrative burdens on the District. See 28 C.F.R. § 35.164.

c. In determining what type of auxiliary aid and service is necessary, the District shall ensure that the Shelter Program gives primary consideration to the requests of the individual with disabilities. The Shelter Program shall honor the choice unless it can demonstrate that another effective means of communication exists or that use ofthe means chosen would not be required under 28 C.F.R. § 35.164.

d. The District shall ensure that the Shelter Program documents all oral and written requests for auxiliary aids and'services by Shelter applicants and clients, as well as any action taken by the Shelter Program in response to such requests.

23. Accessible, Transportation To and Between Shelters

a. Within ninety (90) days of the effective date of this Settlement, the District will ensure that the Shelter Program creates and implements a written plan to ensure that individuals with disabilities are not denied the services, programs and activities ofthe Shelter Program due to a lack of fully operational wheelchair accessible transportation vehicles, including the vehicles used to transport individuals to and between Hypothermia Shelters.

10

24. District Oversight of Contractors and Subcontractors that Provide Services for the Shelter Program

a. Within one-hundred and twenty (120) days of the effective date of this Settlement, the District will create and implement procedures for ensuring that. any contractor or subcontractor ofthe District providing services in the Shelter Program is providing those services in compliance with this Settlement and title II ofthe ADA. Such oversight procedures shall include, but not necessarily be limited to:

i.

review of contractors or subcontractors written rules and procedures;

11. scheduled and unscheduled visits to intake sites and Shelters. Such visits shall include inspection of clients' files and interviews with Shelter clients and applicants;

111. review of Shelter denials;

lV. strict time limits for corrective action for any deficiencies discovered during monitoring; and

v. sanctions for contractors or subcontractors.

b. The District shall promptly document all of its oversight activities.

c. Documents the District creates or reviews under the requirements of this paragraph shall be subject to the requirements of Paragraphs 27 and 28 below.

25. Miscellaneous Accessibility Issues

a. Withinone-hundred and twenty (120) days of the effective date ofthis Settlement, the District will ensure that the Shelter Program creates and implements written procedures to achieve the following:

i.

that individuals and families are not excluded from the Shelter Program or

SUbjected to differential treatment in the provision of Shelter services

based on an individual's disability, e.g., mental impairment, HIV disease,

AIDS, or history of drug abuse (ifthe individual is not using drugs

currently); and

11

ii. that individuals are not denied meaningful access to medication necessitated by their disability. Shelters should provide a safe and secure. . location where medications can be stored, refrigerated (if necessary), and accessed by Shelter clients.
MISCELLANEOUS PROVISIONS
26. This Settlement shall not be construed to require the District to divulge confidential information relating to the current or future location of any confidential domestic violence shelters, beyond what is otherwise required by applicable law or what is necessary for the United States to effectively enforce this Settlement.
27. The District shall retain all records relating to the District's implementation of this Settlement and shall provide copies of such documents to the United States upon reasonable notice to the District. If the United States requests copies of records which the District seeks to withhold on the basis of confidentiality, attorney-client privilege, or work product privilege, the District shall provide the United States with a description of such records that complies with Rule 26(a)(5)(A) of the Federal Rules of Civil Procedure. In the event a third party requests records relating to the District's implementation of this Settlement from the United States, the United States will assert all applicable exemptions from disclosure permitted by law.
28. Except as otherwise specified in this Settlement, six (6) months after the effective date of this Settlement the District will submit written reports to the United States summarizing the actions the District has taken pursuant to this Settlement. The District will submit a second report one year after the effective date of this Settlement, and then annually thereafter for the term of this Settlement. The reports will include detailed photographs showing measurements, architectural plans, work orders, notices posted, and copies of adopted policies. The reports will also include current copies of the specific documents the District is required to maintain under this Settlement.
29. Throughout the term of this Settlement, consistent with 28 C.F.R. § 3S.133(a), the District will maintain all accessible features of the Shelter Program required by law and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 3S.l33(b).
30. Training
a. Within one-hundred and twenty (120) days of the effective date of this Settlement, the District's Office of Disability Rights shall either create or approve a training program for Shelter Staffwith a written curriculum, objectives, and
12

training schedule (the "Training"). The purpose of the Training will be to teach Shelter Staff about the District's duties, responsibilities, the Shelter Program's District-approved reasonable modification policy, and the Shelter Program's procedures under this Settlement, the ADA, and the ADA's implementing regulations.

b. Training topics shall include, but not be limited to: .

1.

an overview of title II of the ADA as it pertains to the Shelter Program;

ii. definition of the terms "disability" and "individuals with disabilities;"

iii. a discussion of mental and physical disabilities that are frequently encountered by Shelter Staff;

lV. the District's complaint procedure for the Shelter Program;

. v. the provision of alternative facilities under the District's Interim Plan (while the Interim Plan is in effect);

vi. definition of the term "reaso,nable modification," and the District's obligation to ensure that reasonable modifications are made;

vii. the Shelter Program's District-approved reasonable modification policy, and the Shelter Program's procedures for· requesting reasonable modifications and responding to such requests;

viii. the Shelter Program's District-approved effective communication policy and procedures, including procedures for providing auxiliary aids and services, including qualified interpreters;

ix. the Shelter Program's District-approved service animal policy and implementing procedures;

x. the Shelter Program's District-approved policy and procedures for accessible transportation to and between Shelters; and

Xl. the District's obligations under this Settlement.

c. The Training shall include group discussion of various scenarios that address the reasonable modification issues addressed above in Paragraph 21, including but not limited to the reasonable modification examples in Paragraph 21(b).

13

d. The Shelter Program will provide the Training to newly hired staff, or have the newly hired staff review a video of a past Training, within 60 days of their entry date of service.
e. The District shall ensure that the Shelter Program maintains a list of Shelter Staff and the date they received the Training.
31. All references to "days" shall mean calendar days, unless otherwise specified.
IMPLEMENTATION AND ENFORCEMENT
32. The United States may review compliance with this Settlement at any time. If the United States believes that the District has failed to comply in a timely manner with any requirement of this Settlement without obtaining sufficient advance written agreement with the United States for a modification of the relevant tenns and/or that the DistriGt has violated title II of the ADA,the United States will so notify the District in writing and it will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory agreement with the District to resolve the issue or issues raised within thirty (30) days of the date it provides notice to the District, it may institute a civil action in federal district court to enforce the tenus of this Settlement, or it may initiate appropriate steps to enforce title II of the ADA. Nothing in this paragraph shall be interpreted as limiting the United States' ability to take appropriate steps to enforce title II of the ADA where the United States can demonstrate that the District's actions are reasonably likely to cause immediate and serious harm to an individual with a disability and the United States has made a reasonable attempt to reach a satisfactory agreement with the District.
33. For purposes of the immediately preceding paragraph, it is a violation ofthis Settlement for the District to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the United States for an extension of the relevant time frame imposed by this. Settlement. .
34. The United States shall be penuitted to review the accessibility of any Shelter upon reasonable notice to the District's counsel.
35. Failure by the United States to enforce this entire Settlement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Settlement.
36. A copy of this document will be made available by the District or the United States on request by any interested person.
14

37. This Settlement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Settlement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Settlement is enforceable only by the parties, no person or entity is intended to· be a third party beneficiary of the provisions of this Settlement for purposes of any civil, criminal, or administrative action, and, accordingly, no person or entity may assert any claim or right as a beneficiary or protected class under this Settlement in any civil, criminal, or administrative action. This Settlement does not purport to remedy any other potential violations of the ADA or any other federal law. This Settlement does not affect the District's continuing responsibility to comply with all aspects of the ADA.
38. This Settlement does not affect or limit the United States' ability to enforce title III of the ADA against private entities which are affiliated with the District's Shelter Program.
39. This Settlement will remain in effect for three (3) years, except that Paragraph 20 and each paragraph related to the enforcement of Paragraph 20 shall remain in effect for five (5) years ·as to any Shelter facility where work required under the Comprehensive Plan has not been completed within three (3) years of the effective date of this Settlement.
40. The deadlines set forth in this Settlement shall be tolled for any Force Majeure Event. "Force Majeure Event" means any of the following that directly cause obligations under the Settlement not to be performed in a timely manner: An act of God, fire, earthquake, flood, explosion, war, invasion, acts of terrorism, insurrection, riot, mob violence, sabotage, inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market, failure or unavailability of transportation, strike, lockout, actions of labor unions, a taking by eminent domain, requisition, laws or orders of governplent or of civil, military or naval authorities, or any other federal or local governmental acts or omissions, or any other cause that is not within the reasonable control of the District or caused by the fault or negligence of the District.
41. The person signing for the District represents that he or she is authorized to bind the District to this Settlement.
42. The effective date of this Settlement is the date of the last signature below.
15

For the District of Columbia:

For the United States:

PETER J. NICKLES Attorney General for the
District of Columbia

GRACE CHUNG BECKER Acting Assistant Attorney General Civil Rights Division

BGYEO: ~ Be: VCAZ~T;:I5N.(Eq./
Deputy Attorney General
ELLEN A. EFROS
Assistant Deputy/Chief, Equity 1 Section LEAH TAYLOR Assistant Attorney General Equity 1 Section Civil Litigation Division 441 Fourth Street, NW, Ste 6S Washington, D.C. 20001 Telephone: (202) 442-9886 Fax: (202) 741-8908
Date: / .J./IO/OJ"

By:Y~Jl1.~
JOHN L. WODATCH, Chief PHILIP L. BREEN, Special Legal Counsel RENEE M. WOHLENHAUS, Deputy Chief DAVID M. BOOTH, Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W., NYA Bldg. Washington, DC 20530 Telephone: (202) 616-2964 Fax: (202) 305-9775
Date: 17.•./,0 /"8

16

 
 Case: 1:08-cv-01166-ESH As of: 04/16/2011 06:51 PM EDT 1 of 3
CLOSED, JURY, TYPE−L
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:08−cv−01166−ESH

BROWN v. COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS et al Assigned to: Judge Ellen S. Huvelle Cause: 42:12188 Americans With Disabilities Act
Plaintiff

Date Filed: 07/03/2008 Date Terminated: 12/16/2008 Jury Demand: Plaintiff Nature of Suit: 446 Civil Rights: Americans with Disabilities − Other Jurisdiction: Federal Question

ANITA BROWN on her own behalf and as next friend to minor children B.B. and T.B.

represented by Amber W. Harding WASHINGTON LEGAL CLINIC FOR THE HOMELESS 1200 U Street, NW Third Floor Washington, DC 20009 (202) 328−5503 Email: amber@legalclinic.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey S. Gutman THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL 2000 G Street, NW Washington, DC 20052 (202) 994−7463 Fax: (202) 994−4693 Email: jgutman@law.gwu.edu ATTORNEY TO BE NOTICED

V. Defendant COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS
Defendant FAMILIES FORWARD, INC.

represented by Marlene L. Johnson 1617 Tuckerman Street, NW Washington, DC 20011−1019 (202) 726−5375 Fax: (202) 722−1206 Email: marlenejohnson@starpower.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Eric Michael Rome EISEN &ROME One Thomas Circle, NW Suite 350 Washington, DC 20005 (202) 659−2822 x4 Fax: (202) 659−2896 Email: eric@eisenrome.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

# Docket Text

Case: 1:08-cv-01166-ESH As of: 04/16/2011 06:51 PM EDT 2 of 3

07/03/2008 07/03/2008 07/03/2008 07/03/2008 07/10/2008 07/27/2008
08/05/2008 08/05/2008
08/06/2008 08/25/2008 09/04/2008 09/04/2008 09/09/2008 09/18/2008 09/19/2008
09/19/2008 10/24/2008 10/31/2008
11/03/2008

1 COMPLAINT against COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS, FAMILIES FORWARD, INC. (Filing fee $ 0.00) filed by ANITA BROWN. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 07/08/2008)
SUMMONS Not Issued as to COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS, FAMILIES FORWARD, INC. (jf, ) (Entered: 07/08/2008)
2 MOTION for Leave to Proceed in forma pauperis by ANITA BROWN. (jf, ) (Entered: 07/08/2008)
FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Paul L. Friedman on 07/03/08. (jf, ) (Entered: 07/08/2008)
Summons (2) Issued as to COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS, FAMILIES FORWARD, INC.. (jf, ) (Entered: 07/11/2008)
3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS served on 7/16/2008, answer due 8/5/2008 (Gutman, Jeffrey) (Entered: 07/27/2008)
4 MOTION for Extension of Time to File Answer by FAMILIES FORWARD, INC. (Rome, Eric) (Entered: 08/05/2008)
MINUTE ORDER granting 4 Defendants' Consent Motion to Extend Time to File Answers. Defendants shall file their responses to plaintiff's complaint on or before September 4, 2008. Signed by Judge Ellen S. Huvelle on 8/5/2008. (VT) (Entered: 08/05/2008)
Set/Reset Deadlines: Answer/Response to the complaint due by 9/4/2008, (gdf) (Entered: 08/06/2008)
5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FAMILIES FORWARD, INC. served on 7/11/2008, answer due 7/31/2008. (jf, ) (Entered: 08/27/2008)
6 ANSWER to Complaint by FAMILIES FORWARD, INC.. Related document: 1 Complaint filed by ANITA BROWN.(Rome, Eric) (Entered: 09/04/2008)
7 ORDER setting an Initial Scheduling Conference for September 25, 2008, at 10:45 a.m. Signed by Judge Ellen S. Huvelle on 9/4/2008. (VT) (Entered: 09/04/2008)
Set/Reset Hearings: Initial Scheduling Conference set for 9/25/2008 10:45 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 09/09/2008)
8 Joint MOTION to Continue and Status Report by ANITA BROWN (Gutman, Jeffrey) (Entered: 09/18/2008)
9 ORDER granting 8 Motion to Continue scheduling conference. Second status report due on or before 10/24/08. Status conference set for 11/5/08 at 9:45 a.m. in courtroom 14 on the 4th floor. Signed by Judge Ellen S. Huvelle on 9/19/08. (gdf) (Entered: 09/22/2008)
Set/Reset Deadlines/Hearings: Status Report due by 10/24/2008. Status Conference set for 11/5/2008 09:45 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 09/22/2008)
10 STATUS REPORT by ANITA BROWN. (Gutman, Jeffrey) (Entered: 10/24/2008)
MINUTE ORDER. By consent of the parties, the status conference set for November 5, 2008 is hereby vacated. A scheduling conference is now set for 10:00 a.m. on December 16, 2008. No further continuances will be granted. Signed by Judge Ellen S. Huvelle on 10/31/2008. (lcesh1) (Entered: 10/31/2008)
Set/Reset Hearings: Status Conference set for 12/16/2008 10:00 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 11/03/2008)

Case: 1:08-cv-01166-ESH As of: 04/16/2011 06:51 PM EDT 3 of 3

12/08/2008 12/16/2008 12/16/2008 02/20/2009 02/24/2009 02/24/2009

11 NOTICE of Appearance by Marlene L. Johnson on behalf of COMMUNITY PARTNERSHIP FOR THE PREVENTION OF HOMELESSNESS (jeb, ) (Entered: 12/08/2008)
12 ORDER dismissing case in light of settlement. Signed by Judge Ellen S. Huvelle on 12/16/2008. (VT) (Entered: 12/16/2008)
Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 12/16/2008. Case dismissed in light of settelement. (Court Reporter Lisa Griffith) (gdf) (Entered: 12/16/2008)
13 NOTICE of Settlement Agreement and Release by ANITA BROWN (Attachments: # 1 Exhibit Stipulation of Dismissal and Proposed Order of Dismissal)(Gutman, Jeffrey) (Entered: 02/20/2009)
14 ORDER approving 13 Notice of Settlement Agreement and Release, filed by ANITA BROWN. Signed by Judge Ellen S. Huvelle on 2/20/09. (gdf) (Entered: 02/24/2009)
15 STIPULATION AND ORDER of Dismissal. Signed by Judge Ellen S. Huvelle on 2/20/09. (gdf) (Entered: 02/24/2009)

 
 Items in Shelters Identified by the Department of Justice as Not in Compliance with title II of the Americans with Disabilities Act
Of the District’s thirty-six Shelters, the District identified ten that were accessible to individuals with disabilities.1 The Department’s survey of these ten Shelters uncovered numerous violations of the ADA Standards for Accessible Design (28 C.F.R. Part 36, Appendix A) (“the Standards”). These violations are listed in Part I below. The Department surveyed five additional Shelters2 that the District did not identify as accessible, and violations of the Standards at these Shelters are listed in Part II below. All section and figure references are to the Standards unless otherwise noted.
I. Violations in Shelters the District Identified as Accessible to Individuals with Disabilities
A. District of Columbia General Hospital Hypothermia Shelter 1900 Massachusetts Avenue, S. E. Washington, D.C. Residents: Families with Children Surveyed: July 23, 2007
1. Unit 4204 (an example of a three bedroom unit with en suite toilet and lavatory)
This unit contains three bedrooms plus a small room near the entrance containing a lavatory and another small room beyond that containing a toilet. A coat/hat rack

1 Request 14 of the Department’s first request for information to the District requested a list of Shelters “accessible to individuals with disabilities.” It appeared from the District’s series of written responses to Request 14 that the District was identifying the following ten Shelters as accessible: 801 East Shelter (12 Hour Beds); District of Columbia General Hospital Hypothermia Shelter; Community for Creative Non-Violence Shelter (at the Federal City Shelter Building); Open Door 12- Hour Shelter (at Federal City Shelter Building); Open Door 24-Hour Shelter (at Federal City Shelter Building); John Young Center, Low Barrier Shelter (at Federal City Shelter Building); John Young Center, Severe Weather Shelter (at Federal City Shelter Building); Harriet Tubman Shelter; New York Avenue Shelter (Level One); and Community of Hope, Inc. Although the District also identified the New Transitions program at 611 N Street N.W. as accessible, this is a transitional housing program that was not within the scope of the Department’s investigation. See Definition of “Shelter” in this Agreement. Likewise, although the District identified DC Village as accessible, the Department later learned, and confirmed with District officials, that in October of 2007 the District would discontinue its use of DC Village as a shelter. Thus, the Department did not survey DC Village. Finally, although an attachment to the District’s earliest responses to Request 14 seemed to identify as accessible a small program at St. Luke’s Church, the District’s final response to Request 14 did not identify this Shelter as accessible. Nor did the District provide further information on the accessibility of this Shelter, as it did for each of the other Shelters identified in its responses to Request 14. Thus, the Department did not survey St. Luke’s Church.

2 The Department reviewed the following Shelters that were not identified as accessible by the District: Emery Working Man's Shelter; Park Road Shelter; 801 East Shelter [TRP and Project Rise]; House of Ruth; and My Sister's Place Domestic Violence Shelter.

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that is a protruding object hazard is located near the entrance door to the room containing the lavatory.

The toilet, the lavatory and the rooms in which they are located are completely inaccessible. No accessible toilet is provided as required by §§4.16 and 4.23.4. No accessible lavatory is provided as required by §§4.19 and 4.22.6. The mirror and paper towel dispenser are mounted too high. See §§4.19.6, 4.22.7 and 4.27.3. There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the lavatory or at the toilet - see §§4.19.3 and 4.16.2.

Additionally, the entrance door to the rooms containing first the lavatory and then the toilet only provides 21" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

This door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The pull side maneuvering clearance at this door is only 5½" wide contrary to §4.13.6 and Fig. 25 (a) which requires it to be at least 18" wide x 60" deep and preferably 24" wide.

This door swings into the clear floor space required at the lavatory contrary to §4.23.2.

The lavatory is not mounted so that there is a clearance of at least 29" above the finished floor ("AFF") to the bottom of the apron - the clearance is 27½" AFF contrary to §4.19.2 and Fig. 31. Additionally, there is only 24½" AFF of clearance at a point eight inches back from the leading edge of the lavatory apron contrary to §4.19.2 and Fig. 31 which require the clearance at that point to be at least 27" AFF.

The hot water supply and drain pipes are not insulated or otherwise configured to protect against contact contrary to §4.19.4.

The bottom of the reflecting surface of the mirror is mounted 49½" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The paper towel dispenser is mounted 61" AFF with no clear floor space contrary to §§4.27.2 and 4.27.3 which require it to be no higher than 54" AFF if clear floor space for a side approach (at least 48" wide x 30" long) is provided or no higher than 48" AFF if clear floor space for a front approach (at least 48" long x 30"

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wide) is provided.

There is no visual fire alarm in the room although there is an audible fire alarm system in the building and there are visual alarms in the corridors. See §§4.1.3 and 4.28.1 which require there to be visual alarms in all enclosed spaces if there is an audible alarm system in the facility.

The framed doorless opening into the room containing the toilet provides only 26½" clear passage width contrary to §4.13.5 which requires that doorways have a minimum clear opening of 32".

The top of the toilet seat is 15½" AFF which is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

There are no grab bars at the side or rear of the toilet contrary to §4.16.4 and Fig. 29.

The far edge of the toilet paper dispenser is 43" from the rear wall contrary to §4.16.6 and Figs. 29 and 30 (d) which require it to be within reach maximum 36" from the rear wall.

A coat/hat rack that is a protruding object hazard is located near the entrance door to the room containing the lavatory. The round rod holder is 11½" deep at 60" AFF contrary to §4.4.1 and Fig. 8 (a) which require objects projecting from walls with their leading edges between 27" AFF and 80" AFF to protrude no more than 4".

2. Unit 4219A (an example of a one bedroom unit that has a lavatory in the bedroom and also shares a toilet and lavatory with the next unit)

This one bedroom unit contains a lavatory in the bedroom and it also shares a toilet and lavatory with the next room along the corridor.

The shared toilet and lavatory and the room in which they are located are completely inaccessible as is the lavatory in the bedroom of Unit 4219A. No accessible toilet is provided as required by §§4.16 and 4.23.4. No accessible lavatory is provided as required by §§4.19 and 4.22.6. The mirror is mounted too high. See §§4.19.6, 4.22.7 and 4.27.3. There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the lavatory or at the toilet - see §§4.19.3 and 4.16.2.

The lavatory in the bedroom of Unit 4219A is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 20¼"

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AFF contrary to §4.19.2 and Fig. 31.

The entrance door from Unit 4219A to the shared toilet room provides 21" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

This door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The lavatory in the shared toilet room is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 20¼" AFF contrary to §4.19.2 and Fig. 31.

The bottom of the reflecting surface of the mirror in the shared toilet room is mounted 52" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The top of the toilet seat in the shared toilet room is 16½" AFF which is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

The centerline of the toilet in the shared toilet room is 13½" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

There are no grab bars at the side or rear of the only toilet in the shared toilet room contrary to §4.16.4 and Fig. 29.

There is no visual fire alarm in either the shared toilet room or in the bedroom of Unit 4219A although there is an audible fire alarm system in the building and there are visual alarms in the corridors. See §§4.1.3 and 4.28.1 which require there to be visual alarms in all enclosed spaces if there is an audible alarm system in the facility.

3. Unit 4223 (an example of a one bedroom unit, without a lavatory in the bedroom, that shares a toilet and lavatory with the next unit)

This one bedroom unit shares a toilet and lavatory with the next room along the corridor.

The shared toilet and lavatory and the room in which they are located are completely inaccessible. No accessible toilet is provided as required by §§4.16

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and 4.23.4. No accessible lavatory is provided as required by §§4.19 and 4.22.6. The mirror is mounted too high. See §§4.19.6, 4.22.7 and 4.27.3. There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the lavatory or at the toilet - see §§4.19.3 and 4.16.2.

The entrance door from Unit 4223 to the shared toilet room provides 21" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

This door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The lavatory in the shared toilet room is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 20¼" AFF contrary to §4.19.2 and Fig. 31.

The bottom of the reflecting surface of the mirror in the shared toilet room is mounted higher than 40" AFF contrary to §4.19.6.

The top of the toilet seat in the shared toilet room is 16" AFF which is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

The centerline of the only toilet in the shared toilet room is 15" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located such that its centerline is exactly 18" from the side wall.

There are no grab bars at the side or rear of the only toilet in the shared toilet room contrary to §4.16.4 and Fig. 29.

There is no visual fire alarm in either the shared toilet room or in the bedroom of Unit 4223 although there is an audible fire alarm system in the building and there are visual alarms in the corridors. See §§4.1.3 and 4.28.1 which require there to be visual alarms in all enclosed spaces if there is an audible alarm system in the facility.

4. Staff Toilet/Shower Room 4207

This single - user toilet/shower room is entered through two hinged doors in series Both of these doors have knob hardware. Knob hardware requires tight grasping and twisting of the wrist contrary to §4.13.9. Both doors swing into the space between the doors - the outer door, from the corridor, opens in and the inner door

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to the toilet and lavatory area opens out. There are only a few inches between the two doors when both are open. This is contrary to §4.13.7 and Fig. 26 which require that there be at least 48" plus the width of any door swinging into the space between two hinged doors in series. Section 4.13.7 also requires that doors in series either swing in the same direction or swing away from the space between the doors. These doors swing into the space between the doors.

The threshold at the inner door to the toilet/lavatory area is 3/4" high and it is neither beveled nor ramped. See §4.13.8 and 4.5.2 which that thresholds at doors that are not exterior sliding doors be no higher than ½".

The top of the toilet seat of the only toilet in this room, at 15" AFF, is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

The centerline of the only toilet in this room is 17" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

There are no grab bars at the side or rear of the only toilet in this room contrary to §4.16.4 and Fig. 29.

The only lavatory in this room is mounted with its rim higher than 34" AFF contrary to §4.19.2 and Fig. 31. The rim is mounted 36 3/8" AFF. Additionally, the lavatory is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 28 3/4" AFF contrary to §4.19.2 and Fig. 31.

The mirror is mounted too high for a person using a wheelchair for mobility to be able to see their reflection in it. The bottom of the reflecting surface is mounted 52 3/8" AFF contrary to §4.19.6.

The only shower stall in this room does not comply with §4.21, including the requirement for an accessible shower stall to be one of the two sizes illustrated in Fig. 35, to have a seat as illustrated in Fig. 36 and grab bars as illustrated by Fig. 37 and to not have a curb higher than ½" (only allowed in the case of a 36" x 36" shower - a roll-in shower may not have a curb of any height).

The shower stall has a curb that is 5" high. It has no seat. The inside, finished dimensions of this shower stall are 34½" x 34½". See Fig. 35 which requires a transfer shower to be exactly 36" x 36" (inside, finished dimensions) and a roll-in shower to be at least 30" wide x 60" long. This shower stall has only one 36" long grab bar that is mounted diagonally. See Fig. 37 which illustrates the lengths of grab bars to be mounted in a transfer shower and in a roll-in shower - all of which are mounted parallel to the floor, not diagonally. A transfer shower (which is the

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closest size to this shower stall of the two showers shown in Fig. 35) requires two grab bars - one 18" long on the side wall and the other on the front wall under the shower spray unit. The shower spray unit is a fixed shower head only and without a hose. See §4.21.6 which requires that the shower spray unit provided in an accessible shower be able to be used both as a fixed shower head and as a hand-held shower and have a hose that is at least 60" long. The controls are not near the outside edge of the shower stall as illustrated in Fig. 37. The controls are very near the inside of the shower stall 24" from the outside edge of the shower.

There is no visual fire alarm in this toilet/shower room although there is an audible fire alarm system in the building and there are visual alarms in the corridors. See §§4.1.3 and 4.28.1 which require there to be visual alarms in all enclosed spaces if there is an audible alarm system in the facility.

5. Female Toilet/Shower Room 4224

The pull side maneuvering clearance of the entrance door is only 4½" wide contrary to §4.13.6 and Fig. 25 (a) which requires it to be at least 18" wide x 60" deep.

The lavatory is mounted with its rim higher than 34" AFF contrary to §4.19.2 and Fig. 31. The rim is mounted 36" AFF. Additionally, the lavatory is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 28½" AFF contrary to §4.19.2 and Fig. 31.

The bottom of the reflecting surface of the mirror is mounted higher than 40" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The top of the toilet seat of the only toilet in this room, at 16½" AFF, is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

The centerline of the only toilet in this room is 17½" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

There are no grab bars at the side or rear of the only toilet in this room contrary to §4.16.4 and Fig. 29.

The only shower stall in this room is a molded acrylic shower stall with a curb that is 10½" high. This shower stall has only one 30" long grab bar that is mounted in the middle of the long wall. See Fig. 37 which illustrates the lengths and locations of grab bars to be mounted in a roll-in shower. The shower spray unit is a fixed shower head only and without a hose. See §4.21.6 which requires

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that the shower spray unit provided in an accessible shower be able to be used both as a fixed shower head and as a hand-held shower and have a hose that is at least 60" long. The shower spray unit is mounted on one of the end walls, not on the long wall as required by Fig. 37 (b). The shower has two fixed seats but neither of them are the dimensions and height as illustrated in Fig. 36. Nor does either of the seats extend the full depth of the shower. See §4.21.3.

There is no visual fire alarm in this toilet/shower room although there is an audible fire alarm system in the building and there are visual alarms in the corridors. See §§4.1.3 and 4.28.1 which require there to be visual alarms in all enclosed spaces if there is an audible alarm system in the facility.

6. Male Toilet/Shower Room 4227

The pull side maneuvering clearance of the entrance door to this room is only 5½" wide contrary to §4.13.6 and Fig. 25 (a) which requires it to be at least 18" wide x 60" deep.

The entrance door has no hardware but the round hole where hardware should be requires tight grasping and twisting of the wrist contrary to §4.13.9.

The only lavatory in this room is mounted with its rim higher than 34" AFF contrary to §4.19.2 and Fig. 31. The rim is mounted 36" AFF. Additionally, the lavatory is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 28½" AFF contrary to §4.19.2 and Fig. 31.

The bottom of the reflecting surface of the mirror is mounted at 52¼" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The top of the toilet seat of the only toilet in this room, at 16" AFF, is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

The centerline of the only toilet in this room is 18½" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

There are no grab bars at the side or rear of the only toilet in this room contrary to §4.16.4 and Fig. 29.

The only shower stall in this room is a molded acrylic shower stall with a curb that is 10½" high. This shower stall has only one 30" long grab bar that is mounted in the middle of the long wall. See Fig. 37 which illustrates the lengths and locations of grab bars to be mounted in a roll-in shower. The shower spray

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unit is a fixed shower head only and without a hose. See §4.21.6 which requires that the shower spray unit provided in an accessible shower be able to be used both as a fixed shower head and as a hand-held shower and have a hose that is at least 60" long. The shower spray unit is mounted on one of the end walls, not on the long wall as required by Fig. 37 (b). The shower has two fixed seats but neither of them are the dimensions and height as illustrated in Fig. 36. Nor does either of the seats extend the full depth of the shower. See §4.21.3.

There is no visual fire alarm in this toilet/shower room although there is an audible fire alarm system in the building and there are visual alarms in the corridors. See §§4.1.3 and 4.28.1 which require there to be visual alarms in all enclosed spaces if there is an audible alarm system in the facility.

7. Room 4201A - Chief Executive Officer's Office

The entrance door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

8. Room 4202 - Dining Room

The entrance door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The lavatory is not mounted so that there is a clearance of at least 29" AFF to the bottom of the apron - the clearance is 27½" AFF contrary to §4.19.2 and Fig. 31. Additionally, there is only 25½" AFF of clearance at a point eight inches back from the leading edge of the lavatory apron contrary to §4.19.2 and Fig. 31 which require the clearance at that point to be at least 27" AFF.

The bottom of the reflecting surface of the mirror is mounted at 50" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The paper towel dispenser and soap dispenser can only be approached from a front approach. They are each mounted higher than 48" AFF. See §§4.27.3 and 4.2.5 and Fig. 5 which require that controls, dispensers, receptacles and other operable equipment be mounted no higher than 48" AFF if a person using a wheelchair or other mobility aid approaches such a device using a front approach.

9. Pay Phones

During the site visit there were two pay phone enclosures (from which the telephones had been removed for the summer) located in the corridor of the story which the Hypothermia Shelter occupies. The enclosures suggest that when the

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phones are installed they would be two single units. Therefore, one of the single unit pay phones must comply with §4.31.2 - 4.31.8 (see §4.1.3 (17) (a)). Both of the pay phones must have volume control - see §4.1.3 (17) (b) - and a sign displaying the International Symbol for Hearing Loss - see Fig. 43 (d).
B. 801 East Shelter (12 Hour Beds)3 801 Making Life Better Lane, S. E. Washington, D.C. 20032 Residents: Single Men Surveyed: July 23, 20074
1. Parking Lot
The parking lot contains six van accessible parking spaces. However, only three of these spaces have post-mounted signs and none of the existing post-mounted signs contain the additional sign saying that the space is "Van Accessible". See §4.6.4.
2. Curb Ramp from Parking Lot to the Accessible Building Entrance
The running slope of this curb ramp is 10.1% which exceeds the maximum 8.3% or 1:12 required by §§4.7.2 and 4.8.2.
3. Toilet/Shower Room Undergoing Alterations on Level One
Please note that only the entrance door and toilet/shower area nearest to the building entrance door could be surveyed during the site visit on July 23, 2007 since the other half of this room was under construction and blocked off by a plywood barrier.
A permanent room identification sign is mounted on the toilet room entrance door nearest to the building entrance. See §4.30.6 which requires such signs to be mounted on the wall adjacent to the latch side of the door with its centerline exactly 60" AFF.

3
It appears that the District intended to identify as accessible the 12 Hour Bed Program at 801 East, but not the TRP/Project Rise Shelter in that building. Thus the violations in TRP/Project Rise are listed in Part II rather than in Part I.

4
While surveying the 801 East Shelter and the various Shelters located in the Federal City Shelter building, the Department observed ongoing – and non-compliant – renovations of some shower and toilet rooms. On August 10, 2007, in an effort to provide the District with technical assistance on these renovations, the Department gave the District a list of violations found in the shower and toilet rooms of those shelters.

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The door to the wider of the three toilet stalls is located directly in front of the toilet in that stall. See Fig. 30(a) which shows the door to the Standard Stall in front of the clear floor space beside the toilet.

The coat hook in the wider stall is 63" above the finished floor ("AFF"). See §§4.2.5/6 and Figs. 5/6 which require that elements be mounted within the reach range of a person seated in a wheelchair - no higher than 48" AFF if there is at least 30" wide x 48" long of clear floor space for a front approach to the element and no higher than 54" AFF if there is at least 48" long x 30" wide of clear floor space for a parallel approach to the element.

The mirror serving the accessible lavatory is mounted with the bottom of its reflecting surface at 42" AFF. See §4.19.6 which requires it to be no higher than 40" AFF.

The shower spray unit in the shower stall with the shower seat cannot be used as both a fixed shower head and as a hand-held shower. The hook upon which the spray unit could otherwise sit to be "fixed" was broken during the site visit. See §4.21.6 which requires that the shower spray unit be able to be used as both a fixed shower head and as a hand-held unit. Note: the exception to §4.21.6 which allows a fixed shower head only to be mounted at 48" above the shower floor in unmonitored facilities where vandalism is a consideration.

The entrance door to this room requires more than five pounds of force to operate. It has a label indicating that it is a rated fire door. Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).

4. Bulletin Boards in Lobby and Entrance Corridor

There are three bulletin boards containing notices for residents in the lobby of the first story and another bulletin board, also containing notices for residents, in the entrance corridor of the first story. Each board appears to contain different notices. The centerlines of the highest of the three bulletin boards in the lobby and of the bulletin board in the entrance corridor are both 67" AFF making them too high for a person using a wheelchair to read. The centerlines of the other two bulletin boards in the lobby are also much higher than 51" AFF. See Fig. A3 which dimensions the eye level of a person seated in a wheelchair at 43" to 51" AFF.

5. Elevator

The emergency two-way communication system in the elevator cab is located in a

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closed compartment. The door to this compartment requires tight grasping and pinching and more than five pounds of force to open contrary to §§4.10.14 and 4.27.4.
The requirement of §4.10.14 that the emergency intercommunication system shall not require voice communication appears not to be met by this elevator. During the site visit on July 23, 2007, the telephone receiver located in the closed compartment rang for at least fifteen rings but was never answered. Therefore, it could not be ascertained if the communication system requires that the stranded passenger be able to speak. Indeed, the non-response suggests that there is no system in place to respond to an emergency in this elevator.
6. Storage Lockers Provided in Sleeping Areas
Lockers are provided for the secure storage of residents' personal possessions. The traditional twist-type combination locks require tight grasping, pinching and twisting of the wrist contrary to §§4.25.4 and 4.27.4 which require that hardware for accessible storage facilities be operable with one hand and not require tight grasping, pinching or twisting of the wrist.
The storage areas on the inside of the lockers are too high or low for a person seated in a wheelchair to reach. See Figs. 5 and 6 and §§4.2.5 and 4.2.6. See also §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §§4.2.5 and 4.2.6.
C. Community for Creative Non-Violence Shelter (at the Federal City Shelter Building) 425 2nd Street, N.W. Washington, D.C. 20001 Residents: Single Men and Women Surveyed: July 18, 20075
1. Parking Lot
The parking lot at the rear of the Community for Creative Non-Violence Shelter (the “CCNV Shelter”) is an unpaved gravel lot that does not contain any accessible parking spaces. See §4.1.2 (5) which requires that if parking spaces are

5
While surveying the 801 East Shelter and the various Shelters located in the Federal City Shelter building, the Department observed ongoing – and non-compliant – renovations of some shower and toilet rooms. On August 10, 2007, in an effort to provide the District with technical assistance on these renovations, the Department gave the District a list of violations found in the shower and toilet rooms of those shelters.

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provided for employees or visitors, or both, then accessible spaces complying with §4.6 shall be provided in each such parking area in conformance with the chart set out in §4.1.2 (5) (a).
2. No Accessible Route from Parking Lot to an Accessible Building Entrance
Section 4.3.2 (1) requires at least one accessible route within the boundary of the site to be provided from public transportation stops, accessible parking, and accessible passenger loading zones and public streets or sidewalks to an accessible building entrance. The accessible route must, to the maximum extent feasible, coincide with the route for the general public.

3. Ramp from 2nd Street, N.W. into the Main Entrance to the CCNV Shelter
The ramp from 2nd Street, N.W. into the main entrance to the CCNV Shelter is covered as it nears the entrance door. The portion of this ramp closest to the street is not covered.
(a) Covered Portion of the Ramp nearest to the Entrance Door
There is no landing at the top of this ramp. The top part of the ramp (within five feet of the doorway) is sloped with a running slope of 9.6% contrary to §4.8.4 which requires that the top and bottom landing of a ramp be "level".
A doorway is located at the top of this ramp; however, the area in front of the doorway does not comply with §4.13.6 and the left floor plan of Fig. 25 (a) - the pull side maneuvering clearance is not at least 18" wide as required by §4.8.4 (4).
The threshold at the entrance door from the ramp to the entrance lobby is 1 ½" high and unbeveled contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½". Thresholds or other level changes between 1/4" and ½" must be beveled at 1:2 maximum.
The running slope of the covered portion of the ramp further down the ramp (more than five feet from the entrance door) is 9.1% contrary to §4.8.2 which requires that the maximum slope of a ramp be 1:12 or 8.3% unless, in existing facilities, space limitations prohibit the use of a slope that is 1:12 or less.
The tops of the gripping surfaces of the handrails are 41" above the ramp surface contrary to §4.8.4 which requires that the top of handrail gripping surfaces be between 34" and 38" above the ramp surface.

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The space between the wall and the handrail is more than the exactly 1 ½" required by §§4.8.5(3) and 4.26.2 and Fig. 39 (a) and (c). The width of the space between the wall and the handrail varies between 3 ½" and 5".

(b) Open Portion of the Ramp Closest to 2nd Street, N.W.

The space between the wall and the handrail is more than the exactly 1 ½" required by §§4.8.5(3) and 4.26.2 and Fig. 39 (a) and (c). The width of the space between the wall and the handrail is 2 7/8".

The handrail on the left of the ramp (looking down towards the street) is not continuous contrary to §4.8.5.

The ends of both of the handrails are not rounded or returned smoothly to the ground, a wall or a post contrary to §4.8.5 (6).

The handrails do not extend at least 12" beyond the top and bottom of the ramp segment contrary to §4.8.5 (2).

4. Ramp to the Entrance to the Unity Health Care, Inc. Clinic at the Side of the Building Housing the CCNV Shelter

The running slope of the ramp is 9.6% contrary to §4.8.2 which requires that the maximum slope of a ramp be 1:12 or 8.3% unless, in existing facilities, space limitations prohibit the use of a slope that is 1:12 or less.

There are no handrails on this ramp contrary to §4.8.2 which requires that if a ramp run has a rise greater than 6" or a horizontal projection greater than 72" it must have handrails on both sides.

Both the wall-mounted standpipe connection, which is 7 ½" deep and mounted at 48 ½" above the ramp surface, and the metal barrier directly below it are protruding object hazards contrary to §4.4.1 and Fig. 8 (a). Section 4.4.1 and Fig. 8 (a) require that objects projecting from walls with their leading edges between 27" and 80" AFF protrude no more than 4" into walks, halls, corridors, passageways or aisles.

5. Recently Altered Staff Toilet Room on Level Three, South

Department staff were advised by CCNV staff that renovations to the CCNV’s toilet and shower rooms began in this area of the facility while the toilet and shower room in the CCNV's infirmary, addressed in section 10 below, was among the last scheduled for renovation.

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This toilet room contains three urinals, three toilet stalls and four lavatories.

The entrance door to this toilet room requires 17 pounds of force to operate. Unless it is a fire door, an interior door must operate with no more than 5 pounds of force. See §4.13.11 (2) (b). Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).

There are two vending machines blocking the required minimum 18" wide maneuvering clearance on the latch, pull side of the entrance door to this toilet room - see §4.13.6 and Fig. 25 (a).

There is no accessible route into the widest toilet stall in this toilet room. The row of three toilet stalls is located across from the counter containing four lavatories. The widest of the three stalls is located at the end of the row. The stall door of the widest stall swings out and is approached from the hinge side of the stall, not the latch side as is required by Fig. 30 (a) - Standard Stall. The maneuvering space at the latch side, pull side of the stall door is not at least 18" as required by the floor plan on the left side of Fig. 25 (a) and §§4.17.5 and 4.13.6.

The height of the toilet in the widest toilet stall is 19 ½ " measured to the top of the toilet seat. See §4.16.3 and Fig. 30 (d) - the top of the seat must be at least 17" but no higher than 19", measured to the top of the toilet seat.

The centerline of the toilet in the widest toilet stall is 15 ½" from the side wall, not the exactly 18" it is required to be by Fig. 30(a) and §4.16.

The control for the flush valve in the toilet in the widest toilet stall is not mounted on the wide side of the toilet area contrary to §4.16.5.

The far edge of the toilet paper dispenser in the widest stall is 41 1/4" from the rear wall contrary to §4.16.6 and Fig. 30(d) of the Standards which require it to be no more than 36" from the rear wall.

The toilet paper dispenser in the widest toilet stall does not permit continuous paper flow contrary to §4.16.6. It dispenses one sheet of paper at a time. At the time of the survey the toilet paper dispenser was not loaded with paper and instead a roll of toilet paper had been set on the side grab bar.

One of the urinals in this toilet room is mounted slightly lowered than the other two urinals. However, the elongated rim of this lower urinal is, at 21 ¼" above the finished floor ("AFF") still higher than the maximum 17" AFF that §4.18.2 requires for the height of the elongated rim of an accessible urinal. The flush control on the lower urinal is 47 ½" AFF contrary to §4.18.4 which requires the

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flush control on an accessible urinal to be no higher than 44" AFF.
The bottom edge of the apron at the counter containing the four lavatories is 28 3/4" AFF which is lower than the minimum 29" AFF required by §4.19.2 and Fig. 31.
The hot water and drain pipes under each of the four lavatories are not insulated or otherwise configured to protect against contact contrary to §4.19.4.
The visual alarm signal appliance is located in the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower. None of the fire alarms were tested during the site visit. However, during the site visit Mr. Abdul Nurriddin, Executive Director of the CCNV Shelter, stated that the fire alarm system at the CCNV Shelter was not working.
6. Recently Altered Resident Toilet and Shower Room on Level Three, South
This toilet room contains 13 urinals, 8 toilet stalls and two lavatory counters and two gang shower rooms. It can be entered through two separate entry doors on opposite sides of the room.
The entrance doors to this toilet room require 20 and 27 pounds of force, respectively, to operate. Unless it is a fire door, an interior door must operate with no more than 5 pounds of force. See §4.13.11 (2) (b). Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).
Two of the urinals are mounted slightly lowered than the other urinals. However, the elongated rims of these lower urinals are still higher than the maximum 17" AFF that §4.18.2 requires for the height of the elongated rim of an accessible urinal. One of the urinals is mounted with its elongated rim at 20" AFF and the other has its elongated rim at 20 ½"AFF.
The centerline of the toilet in each of the two wider toilet stalls is 14 3/4" from the side wall, not the exactly 18" it is required to be by Fig. 30(a) and §4.16.
The same type of toilet paper dispenser that dispenses only one sheet of paper at a time is installed in the two wider toilet stalls in this room, also. Again, the far edge of each of the toilet paper dispensers is 42" from the rear wall contrary to §4.16.6 and Fig. 30(d) of the Standards which requires it to be no more than 36" from the rear wall.

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The visual alarm signal appliance is mounted 86" above the highest floor level in the toilet room and 3" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.
The toilet seat cover dispenser is mounted above the toilet in the two wider toilet stalls in this room. The toilet therefore blocks the clear floor space required at dispensers by §4.27.2.
Both of the gang shower rooms are elevated 1 ½" above the level of the toilet room. The transition at both of the doorless openings into the gang shower rooms is not ramped contrary to §4.5.2 which requires changes in level greater than ½" to be accomplished by means of a ramp that complies with §4.7 or §4.8.
The two gang shower rooms each provide several shower spray units including one with a shower seat with grab bars and a handheld shower spray unit in the far corner of the gang shower room. However, the locations of these showers with the seats, grab bars and hand held spray units in the far corners of the gang shower rooms means that there is no accessible route to those showers. See §4.5.1 which requires that the floor surfaces along accessible routes be slip-resistant. When the other showers in the gang shower are in use the tile floor to the gang shower will become wet resulting in it not being slip-resistant.
7. Resident Toilet and Shower Room on Level Two, South
This toilet/shower room had not been renovated on July 18, 2007. The toilet stalls, showers, and lavatories provided in this room are completely inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No accessible shower is provided as required by §§4.21 and 4.23.8. No accessible lavatory is provided as required by §§4.19 and 4.22.6. No urinal is lowered with its rim no higher than 17" AFF as required by §§4.18 and 4.22.5.
8. Resident Toilet and Shower Room on Level One, South
This toilet/shower room had not been renovated on July 18, 2007. The toilet stalls, showers, urinals and lavatories provided in this room are completely inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No accessible shower is provided as required by §§4.21 and 4.23.8. No urinal is lowered with its rim no higher than 17" AFF as required by §§4.18 and 4.22.5. No accessible lavatories are provided as required by §§4.19 and 4.22.6.

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9. "Small" Elevator Unsafe for Operation

Section 35.133 of the Title II Regulation provides that a public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Americans with Disabilities Act of 1990 ("the Act") or by §35.133. The Act requires that, to the maximum extent feasible, facilities must be accessible to, and usable by, individuals with disabilities. Section 35.133 recognizes that it is not sufficient to provide features such as accessible routes, elevators, or ramps, if those features are not maintained in a manner that enables individuals with disabilities to use them. Inoperable elevators are neither "accessible to" nor "usable by" individuals with disabilities.

During the site visit on July 18, 2007 there was an emergency notice dated April 12, 2007 posted from James Burton, Director of Maintenance. This notice says that the small elevator is out of order and that the bearings are completely destroyed in the motor which makes the elevator unsafe for operation.

10. Toilet and Shower Room in the Infirmary on the Basement Level

This toilet/shower room had not been renovated on July 18, 2007. The four toilet stalls, three showers, two urinals and lavatories provided in this room are completely inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No accessible shower is provided as required by §§4.21 and 4.23.8. Neither urinal is lowered with its rim no higher than 17" AFF as required by §§4.18 and 4.22.5. No accessible lavatories are provided as required by §§4.19 and 4.22.6. In addition to there being no accessible fixtures in the Infirmary Toilet/Shower Room there is a level change up to the level of the Toilet/Shower Room from the rest of the Infirmary. This level change is sloped with a running slope of 11.8% contrary to §4.8.1 which requires which requires that any part of an accessible route with a slope greater than 1:20 (which equates to 5%) be a ramp and comply with §4.8.

11. Pay Phone in Infirmary

The coin slot for the only pay phone in the infirmary is 59" AFF contrary to §4.31.3 which requires the highest operable part of the telephone to be within the reach ranges specified in §§4.2.5 or 4.2.6. The highest of those reach ranges is 54" AFF which is specified as the maximum high side reach allowed.

12. Sleeping Area in the Infirmary on the Basement Level

None of the beds in the sleeping area of the Infirmary have maneuvering space

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that is at least 36" clear wide along both sides of the bed contrary to §§9.5.2 (2) (b) and 9.2.2 (1).
13. Doors with Hardware that Requires Tight Grasping and Twisting of the Wrist
The following doors have knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9:
* Classroom on Level Three, North; * CCNV Administration Office (Donald Page's Office); * Office #14 (Dr. Brown's office); * * The Case Management Offices in Module One; * * The Case Management Offices in Module Two; ** * The door with the sign that says, "Notice Don't Block Door" on the route
to the rear stairwell to Clean and Sober, etc.; * The Door to Deborah Tibbs' Office (she is the assistant to the Executive
Director); and * Doors within the Infirmary.
14. Interior Doors that Require More than Five Pounds of Force to Operate
The doors marked with an asterisk in Section 13 above also require more than five pounds of force to operate contrary to §4.13.11 (2) (b).
15. Interior Doors that Close Too Quickly
The sweep period of the closer of the door marked with a double asterisk in Section 13 above also takes less than three seconds to move to a point three inches from the latch from an open position of 70 degrees. See §4.13.10.
16. Drinking Fountains Too High
All of the drinking fountains at the CCNV Shelter are built into the walls with their spouts being higher than the required maximum height of 36" AFF - see §4.15.2.
17. No Text Telephones
There are no text telephones at the CCNV Shelter. See §4.1.3(17) (c) (i) which requires that if a total number of four or more public pay phones is provided at a site and at least one is in an interior location, than at least one interior public text telephone shall be provided.

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18. No Shelf and Electrical Outlet at Banks of Three or More Pay Phones
The two banks of three public pay phones at the CCNV Shelter do not have a shelf and electrical outlet complying with §4.31.9 (2). See §4.1.3(17) (d) which requires that where a bank of telephones in the interior of a building consists of three or more public pay phones at least one public pay phone in each such bank shall be equipped with a shelf and outlet in compliance with §4.31.9 (2).
19. Inaccessible Laundry Room Entrance Doors
The entrance doors to the laundry rooms are too narrow for people using mobility aids to pass through, require too much force to open and have high thresholds. For example, the door to the laundry room on Level Three, South provides only 28" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.
The entrance door to the laundry room on Level Three, South also requires 24 pounds of force to operate. Unless it is a fire door, an interior door must operate with no more than 5 pounds of force. See §4.13.11 (2) (b). Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).
The threshold at the entrance door to the laundry room on Level Three, South is 1 ½" high contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½".
20. Inaccessible Food Service Line in Kitchen
During the site visit on July 18, 2007 we were told that one meal per day is delivered from the D.C. Central Kitchen and distributed at a food service line and tray slide in a kitchen on each of the three levels of the CCNV Shelter. For other meals residents may store and cook food themselves.
None of the food service lines in the three kitchens provide the required minimum clear width of 36" required by §5.5. For example, the food service line in the kitchen on Level Three, South provides 32" of clear width.
None of the tray slides in the three kitchens are mounted no higher than 34" AFF as required by §5.5 and Fig. 53. For example, the tray slide in the kitchen on Level Three, South is mounted at 36" AFF.

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None of the sinks in the kitchens are mounted with their rim 34" AFF or lower contrary to §4.24.2. For example, the large sink in the kitchen on Level Three, South is mounted with its rim at 36" AFF.
None of the sinks in the kitchens have knee space under them contrary to §4.24.3. For example, the large sink in the kitchen on Level Three, South has a large garbage disposal mounted directly under it leaving only 6" deep of knee clearance under that sink. See §4.24.3 which requires that knee clearance that is at least 27" high x 30" wide x 19" deep be provided under accessible sinks. The small sink in the same kitchen has knee clearance under it but the sink is too low to comply with §4.24.3. The bottom edge of the small sink is 20 3/4" AFF which does not provide the minimum 27" AFF high knee clearance required by §4.24.3.
The entrance doors to the kitchens require too much force to operate. For example, the entrance door to the kitchen on Level Three, South requires 19 pounds of force to operate. Unless it is a fire door, an interior door must operate with no more than 5 pounds of force. See §4.13.11 (2) (b). Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).
The thresholds at the entrance doors to the kitchens are too high. For example, the threshold at the entrance door to the kitchen on Level Three, South is 1" high and it is not beveled contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½". Thresholds between ¼ " and ½" must be beveled at 1:2 maximum.
21. Storage Lockers Provided in Sleeping Areas
Full height metal lockers are provided for the secure storage of residents' personal possessions. The traditional twist-type combination locks require tight grasping, pinching and twisting of the wrist contrary to §§4.25.4 and 4.27.4 which require that hardware for accessible storage facilities be operable with one hand and not require tight grasping, pinching or twisting of the wrist.
The shelves and hooks on the inside of the lockers are too high or low for a person seated in a wheelchair to reach. See Figs. 5 and 6 and §§4.2.5 and 4.2.6. See also §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §§4.2.5 and 4.2.6.

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D. Open Door Shelter (12 Hour and 24 Hour Programs at Federal City Shelter Building)6 425 2nd Street, N.W. Washington, D.C. 20001 Residents: Single Women Surveyed: July 17, 20077

1. ADA Shower/Toilet Room
There is no accessible route into this room. There is a slope of 11.8% at the entrance contrary to §4.8.1 which requires that any part of an accessible route with a slope greater than 1:20 (which equates to 5%) shall be considered to be a ramp and must comply with §4.8. Section 4.8.2 requires that the maximum running slope of a ramp in new construction be 1:12 (which equates to 8.3%).
The faucets on the in the "ADA" lavatory are a round shape that requires tight grasping, pinching, or twisting of the wrist contrary to §§4.23.6 and 4.19.5.
The height of the toilet in the widest toilet stall is 20" measured to the top of the "riser" toilet seat that has been added to the toilet. See §4.16.3 and Fig. 30 (d) - the top of the seat must be at least 17" but no higher than 19", measured to the top of the toilet seat.
The centerline of the toilet in the widest toilet stall is 15 ½" from the side wall, not the exactly 18" it is required to be by Fig. 30(a) and §4.16.
The control for the flush valve in the toilet in the widest toilet stall is not mounted on the wide side of the toilet area contrary to §4.16.5.
The toilet paper dispenser in the widest stall is mounted on the rear wall contrary to §4.16.6 and Fig. 30(d) which require it to be mounted on the side wall, no more than 36" from the rear wall.
There is no grab bar at the rear of the toilet in the widest stall contrary to §4.17.6 and Fig. 30(a) and (c).

6
While the 12 hour and a 24 hour Open Door programs are each “Shelters” as that term is defined in this Agreement, we surveyed the programs together.

7
While surveying the 801 East Shelter and the various Shelters located in the Federal City Shelter building, the Department observed ongoing – and non-compliant – renovations of some shower and toilet rooms. On August 10, 2007, in an effort to provide the District with technical assistance on these renovations, the Department gave the District a list of violations found in the shower and toilet rooms of those shelters.

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The side grab bar in the widest toilet stall is mounted too high. It is mounted 39" above the finished floor ("AFF") contrary to §4.17.6 and Fig. 30(d) which require it to be mounted with its centerline between 33" and 36" AFF.

The coat hook in the widest stall is mounted at 72" AFF. See §§4.2.5/6 and Figs. 5/6 which require that elements be mounted within the reach range of a person seated in a wheelchair - no higher than 48" AFF if there is at least 30" wide x 48" long of clear floor space for a front approach to the element and no higher than 54" AFF if there is at least 48" long x 30" wide of clear floor space for a parallel approach to the element.

The shower spray unit and controls in the shower stall with grab bars are not located on the long wall of the shower as shown in Fig. 35 (b) and contrary to §4.21.5.

The shower with grab bars has a curb/threshold contrary to §4.21.7 which requires that roll-in showers not have curbs.

The shower spray unit in the shower stall with grab bars cannot be used as both a fixed shower head and as a hand-held shower. It is a fixed shower head only. See §4.21.6 which requires that the shower spray unit be able to be used as both a fixed shower head and as a hand-held unit.

The controls in the shower stall with grab bars are a round shape that requires tight grasping, pinching, or twisting of the wrist contrary to §§4.21.5 and 4.27.4.

2. Bank of Three Pay Phones Near Entrance

The bank of three public pay phones near the entrance do not have a shelf and electrical outlet complying with §4.31.9 (2). See §4.1.3(17) (d) which requires that where a bank of telephones in the interior of a building consists of three or more public pay phones at least one public pay phone in each such bank shall be equipped with a shelf and outlet in compliance with §4.31.9 (2) is not provided

The clear floor space required by §4.31.2 is not provided at this bank of pay phones - it is blocked by two guards' desks located immediately in front of the pay phones.

None of these pay phones provides volume control contrary to §4.31.5 (2).

Each of these pay phones is mounted with its leading edge higher than 27" AFF and each protrudes more than 4" from the wall upon which they are installed causing them to be protruding object hazards to people with vision impairments

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contrary to §4.4.1 and Fig. 8 (a).
3. Inaccessible Laundry Room Entrance Door Hardware
The entrance door to the laundry room has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.
4. Fire Alarms
None of the fire alarms were tested during the site visit. However, during the site visit Mr. Abdul Nurriddin, Executive Director of the CCNV Shelter, stated that the fire alarm system in the building that houses both the CCNV Shelter and the John Young Center was not working.

E. John Young Center (Severe Weather and Low Barrier Shelters at Federal City Shelter Building)8 115 D Street, N.W. Washington, D.C. 20001 Residents: Single Women Surveyed: July 18, 20079
1. Residents' Shower/Toilet Room
There is no accessible route into this room. There is a level change of 1½" at the entrance to the toilet/shower room and then again at the entrance to the toilet area and then again at the entrance to the shower area contrary to §§4.3.8 and 4.5.2 which require that changes in level along an accessible route greater than ½" be accomplished by means of a ramp that complies with §4.8.
The centerline of the toilet in the widest toilet stall is more than 18" from the side wall as it is required to be by Fig. 30(a) and §4.16.
The side grab bar in the widest toilet stall is only 24" long and mounted on an angle contrary to §4.17.6 and Fig. 30(d) which require it to be at least 40" long and mounted parallel to the floor.

8
While the Severe Weather and Low-Barrier programs at John Young Center are each “Shelters” as that term is defined in this agreement, we surveyed the programs together.

9
While surveying the 801 East Shelter and the various Shelters located in the Federal City Shelter building, the Department observed ongoing – and non-compliant – renovations of some shower and toilet rooms. On August 10, 2007, in an effort to provide the District with technical assistance on these renovations, the Department gave the District a list of violations found in the shower and toilet rooms of those shelters.

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The lavatories are mounted with the clearance between the floor and the bottom of the apron only 25" AFF contrary to §4.19.2 and Fig. 31 which require that clearance to be at least 29" AFF.
The shower spray unit and controls in the shower stall with grab bars are not located on the long wall of the shower as shown in Fig. 35 (b) and contrary to §4.21.5.
The shower spray unit in the shower stall with grab bars cannot be used as both a fixed shower head and as a hand-held shower. It is a fixed shower head only. See §4.21.6 which requires that the shower spray unit be able to be used as both a fixed shower head and as a hand-held unit.
The controls in the shower stall with grab bars are a round shape that requires tight grasping, pinching, or twisting of the wrist contrary to §§4.21.5 and 4.27.4.
The grab bar configuration is not as shown in Fig. 37 contrary to §4.21.4. The grab bar mounted on the wall with the shower controls and shower head is mounted at an angle. The grab bars shown in Fig. 37 are all shown mounted in a horizontal position.
2. Staff Toilet Room
There is no accessible route into this room. There is a level change of 1½" at the entrance to this room contrary to §4.13.8 which requires that thresholds be no higher than ½".
The centerline of the toilet is more than 18" from the side wall as it is required to be by Fig. 30(a) and §4.16.
The clear floor space required by Fig. 28 is not provided at the toilet.
The lavatory is mounted in a vanity cabinet so does not provide the knee space required by §4.19.2 and Fig. 31.
3. Maneuvering Space at Beds
Not all of the beds have a 36" wide maneuvering space located along both sides of the bed. See §9.5.2 (2) (b) which requires maneuvering space around the beds for persons with mobility impairments to comply with §9.2.2 (1) which requires a 36" clear width maneuvering space to be located along both sides of a bed.

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4. Information Posted on Bulletin Boards
The centerlines of the bulletin boards are mounted too high for a person using a wheelchair to read. The centerlines are much higher than 51" AFF. See Fig. A3 which dimensions the eye level of a person seated in a wheelchair at 43" to 51" AFF.
5. Fire Alarms
None of the fire alarms were tested during the site visit. However, during the site visit Mr. Abdul Nurriddin, Executive Director of the CCNV Shelter, stated that the fire alarm system in the building that houses both the CCNV Shelter and the John Young Center was not working.

F. Harriet Tubman Shelter 1900 Massachusetts Avenue, S.E. Washington, D.C. Residents: Single Women Surveyed: January 10, 2007 and July 23, 2007

The Department first surveyed the Harriet Tubman Shelter on January 10, 2007, following its receipt of a complaint from a resident of that Shelter. The resident alleged that she was repeatedly falling out of her wheelchair while trying to navigate a rotted wooden ramp and dilapidated flagstone path on the route to the shelter’s entrance. The violations discovered during the Department’s first survey are listed below in the section entitled “Violations Noted on January 10, 2007.”

Subsequent to the Department’s review, and with technical assistance from the Department, the District paved the entrance route to the shelter and created a new ramp leading from the entrance route to the parking lot.

The Department returned to the Harriet Tubman Shelter on July 23, 2007 to survey the ramp and entrance route. The parking lot with the new ramp was fenced off, and a new passenger drop area had been created. The route from the new passenger drop off area to the entrance did not comply with the Standards, as detailed below in the section entitled “Violations Noted on July 23, 2007.”

Violations Noted on January 10, 2007

1. No Accessible Passenger Loading Zone

The parking lot area at the Tubman Shelter does not contain a marked passenger

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loading zone although we were told by a Tubman Shelter representative that city vans and/or buses discharge passengers who are about to enter the Tubman Shelter in the parking lot.

Subsection C of §4.1.2 (5) requires that if passenger loading zones are provided, then at least one passenger loading zone shall comply with §4.6.6

2. No Accessible Parking Spaces in Parking Lot

The parking lot area at the Tubman Shelter does not contain any accessible parking spaces - see §4.1.2 (5) (a) which requires that if parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with §4.6 shall be provided in each such parking area in conformance with the chart set out in §4.1.2 (5) (a).

3. No Accessible Route from Passenger Loading Zone/Parking Lot to the Accessible Building Entrance

Section 4.3.2 (1) requires at least one accessible route within the boundary of the site to be provided from public transportation stops, accessible parking, and accessible passenger loading zones and public streets or sidewalks to the accessible building entrance. The accessible route must, to the maximum extent feasible, coincide with the route for the general public.

There is no accessible route from the de facto passenger loading zone to the building entrance. There is an unramped curb separating the parking lot (which we were told by the Tubman Shelter representatives is also used as a passenger drop-off area for residents who arrive on a van operated by the District) and the path leading to the entrance to the Tubman Shelter. (* See Addendum at end of this report.) There is a damaged and weathered wooden platform in one of the parking spaces. It appears to be the remaining top portion of a ramp from which the sloped portion has been removed. This platform is several inches higher than the level of the parking lot with no sloped portion connecting it to the level of the parking lot/passenger drop-off area so could not be used to connect the passenger drop-off area to the path en route to the Tubman Shelter entrance. See §§ 4.3.8 and 4.5.2.

The route from this curb to the Tubman Shelter entrance is not firm or stable and has several places with level changes greater than ½". See §§ 4.3.6, 4.3.8, 4.5.1 and 4.5.2. This route is paved with flagstones but appears to have not been maintained for a long period of time - there are several places where the flagstones are missing, including one deep hole that has been filled in with gravel. Other

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areas where the flagstone pavers are missing or damaged create level changes greater than ½" that are not ramped . See §§ 4.3.8 and 4.5.2.

4. No Accessible Route from Washington, DC Metro Bus Stop to the Accessible Building Entrance

Residents also arrive at the Tubman Shelter via the DC Metro bus. See §4.3.2 (1) which requires an accessible route from public transportation stops within the boundary of the facility site. The route from the Metro bus stop/shelter is not accessible in that it has a sidewalk only part of the way to the entrance to the Tubman Shelter. See §4.5.1 which requires an accessible route to be firm and stable. There are also several unramped steps in the sidewalk. See §4.3.8 which requires level changes greater than ½" on an accessible route to be ramped, etc. This sidewalk ends about a quarter of the way to the Tubman Shelter entrance. The rest of the route is either on grass or on the road. There is no curb ramp down to the road. On the road, there are running slopes greater than 1:20 (5%) without being a ramp. See §4.8.1. It also has several large pot holes that create level changes greater than ½" - see §§ 4.3.8 and 4.5.2.

5. Designated Accessible Toilet and Shower Room

The entrance door to this toilet/shower room requires 12 pounds of force to operate. See §4.13.11 (2) (b) which requires that interior hinged doors operate with no more than five pounds of force. The door also sticks in the frame so it may require more than 12 pounds to move the door from the frame.

The threshold at this door is ½ " high and it is not beveled. See §4.13.8 and §4.5.2 which require thresholds that are between 1/4" and ½" high to be beveled at 1:2 maximum.

The shower seat does not extend the full depth of the shower - see §4.21.3. The leading edge of the shower is 2" from the edge of the shower stall.

The shower spray unit is a fixed shower head. See §4.21.6 which requires that a shower spray unit with a hose that is at least 60" long that can be used both as a fixed shower head and as a hand-held shower be provided.

6. Food Service Area

There is a cafeteria-style area in which, we were told by the Tubman Shelter representative, food is served to the shelter residents. We were told by the Tubman Shelter representative that plates of food are set at the top of the food warming hood cover for the residents to take from there. The top of this cover is

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48 1/4" above the finished floor ("AFF") as well as being obstructed by the depth of the tray slide and a small ledge about the tray slide. See Illustration C of Fig. 6 which dimensions the maximum high side reach over an obstruction as 46".

7. Storage Areas

Lockers or footlockers are provided to the residents of the Tubman Shelter for secure storage of their personal effects. The lockers are full height metal lockers. The Tubman Shelter representatives told us that the shelter provides the twist-type traditional combination locks which were on the lockers. See §§4.25.4 and 4.27.4 which require that hardware for accessible storage facilities be operable with one hand and not require tight grasping, pinching, or twisting of the wrist.

The interior of one locker was observed to contain two shelves and one hook. All are outside the reach range of a person seated in a wheelchair - see Fig. 5 and 6 and §4.2.5 and 4.2.6. The lower shelf is 7" AFF and the high shelf is 65" AFF. The hook is 64" AFF. See §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §4.2.5 and 4.2.6.

The footlockers are supplied for resident use if all of the metal lockers are in use, we were told by the Tubman Shelter representative. The lock area is 6 ½" from the bottom of the foot locker which are placed on the floor under the bunk beds. See Illustration B of Fig. 6 which dimensions the low side reach as 9".

8. Maneuvering Space at Beds

Bunk beds are provided for residents of the Tubman Shelter to sleep in. Representatives of the Tubman Shelter told us that persons who use wheelchairs for mobility are assigned a bottom bunk. We were shown the bed that had been assigned to a resident who uses a wheelchair. The route to this bed was not at least 36" wide. See §9.5.2 (2) (e) which requires at least one route connecting the elements in §9.5.2 (2) (a) - (d) (the entrance, bed, toilet/bathroom and at least one common area) to be at least 36" wide.

Not all of the bunk beds have a 36" wide maneuvering space located along both sides of the bed. See §9.5.2 (2) (b) which requires maneuvering space around the beds for persons with mobility impairments to comply with §9.2.2 (1) which requires a 36" clear width maneuvering space to be located along both sides of a bed.

Violations Noted on July 23, 2007

The parking lot area at the Tubman Shelter which was surveyed in January of

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2007 has been fenced off and a new passenger drop off area created. The new route from the new passenger drop off area does not comply with the Standards. The new route consists of three distinct segments on the route from the parking lot area where, we were told, passengers are dropped off to then make their way to the entrance to the Tubman Shelter. The first segment is a striped walkway that is part of the parking lot. The second segment is a relatively flat area where one turns the corner of the building. The third segment is a sloped, paved walkway that runs parallel to the entrance to the Tubman Shelter.
There is no accessible route from the new passenger drop off area to the entrance to the Tubman Shelter. From the new passenger drop off area people heading toward the entrance to the Tubman Shelter would first encounter a striped walkway that is part of the parking lot. This striped walkway has cross slopes that are greater than 1:50 (2%) contrary to §4.3.7. Near the bottom of this striped walkway the cross slope was measured at 5.6%. Midway up this striped walkway the cross slope was measured at 3.0%. Near the top of this striped walkway the cross slope was measured at 3.5%.
On this striped walkway there are also running slopes greater than 1:20 (5%) without the walkway being a ramp compliant with §4.8. Near the bottom of the striped walkway the running slope was measured at 7.3%. See §§4.3.7 and 4.8.1.
The third segment of the route to the entrance to the Tubman Shelter also has running slopes greater than 1:20 (5%) without that walkway being a ramp compliant with §4.8. See §§4.3.7 and 4.8.1. The running slope of the third segment was measured in two places. The running slope near the top of the third segment measured 9.0%. A little further down the third segment the running slope was measured at 6.8%.

G. New York Avenue Shelter (Level One) 1355 - 1357 New York Avenue, N. E. Washington, D.C. Residents: Single Men Surveyed: July 25, 2007

1. Parking Lot

There is a small parking lot at the rear of the building that contains about seven parking spaces (some of the spaces are not striped). The designated accessible parking space has no access aisle. See §4.1.2 (5) (b).

The designated accessible space is also not on the shortest accessible route to an

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accessible entrance to the New York Avenue Shelter. It is at the far end of the parking lot on the longest route to the rear entrance to the New York Avenue Shelter. See §4.6.2.
2. Ramp from Parking Lot to the Rear Building Entrance
The running slope of the ramp segment closest to the parking area is 10% which exceeds the maximum 8.3% or 1:12 required by §§4.7.2 and 4.8.2.
Although the horizontal projection of this ramp is greater than 72" there is only one handrail contrary to §4.8.2 which requires that if a ramp run has a rise greater than 6" or a horizontal projection greater than 72" it must have handrails on both sides. The handrail provided does not extend along the entire length of the ramp. The handrail provided does not extend at least 12" beyond the bottom of the ramp. See 4.8.5 (2) and Fig. 17.
The intermediate landing, where the ramp changes direction, is not at least 60" x 60" as required by §4.8.4 (3).
There are weeds growing along the building side of the ramp which narrows the clear width of this ramp to less than 36" contrary to §§4.7.2 and 4.8.2. During the site survey there were also two bicycles chained to the ramp handrail which also narrowed the clear width of this ramp to less than 36".
3. Rear Entrance Facing Parking Lot
The operable leaf of the set of double doors at the rear of the building has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.
4. Unisex Toilet Room on Level One near the New York Avenue Entrance
The visual alarm signal appliance is mounted 83½" above the highest floor level in the toilet room and 12" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.
The centerline of the toilet is 19 ¼" from the side wall not the exactly 18" it is required to be by Fig. 30(a) and §4.16.
The control for the toilet's flush valve is not mounted on the wide side of the toilet area contrary to §4.16.5.

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5. Route from Lobby near the New York Avenue Entrance to Corridor Four

The route to Corridor Four is elevated 1½" above the level of the front entrance lobby. The transition is not ramped contrary to §4.5.2 which requires changes in level greater than ½" to be accomplished by means of a ramp that complies with §4.7 or §4.8.

6. Doors with Hardware that Requires Tight Grasping and Twisting of the Wrist

Many interior doors have knob hardware that require tight grasping and twisting of the wrist contrary to §4.13.9.

7. Stall Toilet Room on Level One near Dormitory Five

The entrance door to this toilet room requires 15 pounds of force to operate. Unless it is a fire door, an interior door must operate with no more than 5 pounds of force. See §4.13.11 (2) (b). Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).

The threshold at the entrance door is 1½" high contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½" and beveled at 1:2 maximum if between ¼" and ½".

The visual alarm signal appliance is mounted 91" above the highest floor level in the toilet room and 3" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.

The widest stall is located at the end of the row but its door opens out contrary to Fig. 30 (a-1) and §4.17.3.

The control for the flush valve in the toilet in the widest toilet stall is not mounted on the wide side of the toilet area contrary to §4.16.5.

The coat hook is 63" above the finished floor ("AFF"). See §§4.2.5/6 and Figs. 5/6 which require that elements be mounted within the reach range of a person seated in a wheelchair - no higher than 48" AFF if there is at least 30" wide x 48" long of clear floor space for a front approach to the element and no higher than 54" AFF if there is at least 48" long x 30" wide of clear floor space for a parallel approach to the element.

One of the urinals in this toilet room is mounted slightly lowered than the other urinal. However, the elongated rim of this lower urinal is, at 23¾" AFF, still

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higher than the maximum 17" AFF that §4.18.2 requires for the height of the elongated rim of an accessible urinal.

The required minimum 30" wide x 48" long of clear floor space is not provided at the lower urinal. There is only 26½" wide of clear floor space between the urinal shield separating the two urinals and the opposite wall for someone to approach the lower urinal. The rim of the lower urinal is 5" in from the end of the urinal shield.

8. Bathroom A on Level One ("Handicap Shower Room")

A permanent room identification sign is mounted on the toilet room entrance door. See §4.30.6 which requires such signs to be installed on the wall adjacent to the latch side of the door. This sign does not have raised letters or Braille. See §§4.1.3 (16) (a) and 4.30.4 which require permanent room identification signs to have letters and numerals raised 1/32nd of an inch in upper case with sans serif or simple serif font and to be accompanied by Grade 2 Braille.

The entrance door to this toilet room provides only 29" of clear width. See §4.13.5 which requires that an accessible door have a minimum clear opening at least 32" wide with the door open 90 degrees, measured between the face of the door and the opposite stop. See Fig. 24 (a).

The threshold at the entrance door is 1" high contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½" and beveled at 1:2 maximum if between ¼" and ½".

The width of the pull side maneuvering clearance is only 13½" contrary to Fig. 25 which requires that the width of the pull side maneuvering clearance on a front approach door such as this must be at least 18" and preferably 24".

None of the four urinals is mounted with its rim maximum 17" AFF. See §4.18.2 which requires that the height of the elongated rim of an accessible urinal be maximum 17" AFF.

There is no accessible route to the widest stall. The width between the leading edge of each of the urinal shields and the stall doors opposite them is only 34½". The minimum width of an accessible route is 36 inches - see §4.3.3.

The control for the toilet flush valve in the widest toilet stall is not mounted on the wide side of the toilet area contrary to §4.16.5.

The coat hook in the widest stall is 66 ½" AFF. See §§4.2.5/6 and Figs. 5/6 which

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require that elements be mounted within the reach range of a person seated in a wheelchair - no higher than 48" AFF if there is at least 30" wide x 48" long of clear floor space for a front approach to the element and no higher than 54" AFF if there is at least 48" long x 30" wide of clear floor space for a parallel approach to the element.

The lavatory in the widest toilet stall has round faucets which require tight grasping and twisting of the wrist contrary to §4.19.5.

The hot water and drain pipes on the lavatory in the widest toilet stall are not insulated or otherwise configured to protect against contact contrary to §4.19.4.

The robe hook near the shower stall with a seat is mounted higher than 54" AFF. See §§4.2.5/6 and Figs. 5/6 which require that elements be mounted within the reach range of a person seated in a wheelchair - no higher than 48" AFF if there is at least 30" wide x 48" long of clear floor space for a front approach to the element and no higher than 54" AFF if there is at least 48" long x 30" wide of clear floor space for a parallel approach to the element.

In the shower with a seat the shower seat does not extend the full depth of the shower contrary to §4.21.3. In the shower with a seat the controls are not within reach of the seat. The shower spray unit in the shower stall with the seat cannot be used as both a fixed shower head and as a hand-held shower. See §4.21.6 which requires that the shower spray unit be able to be used as both a fixed shower head and as a hand-held unit. This shower spray unit is a fixed shower head only. One of the three grab bars is mounted behind the seat contrary to Fig. 35 (a) and Fig. 57. The seat is 13½" deep x 18" long and is not as shown in Fig. 36. One grab bar is not securely attached to the wall contrary to §§4.21.4 and 4.26.3 which specifies that the structural strength of grab bars must allow them to withstand at least 250 pounds of force from the various stresses enumerated in §4.26.3.

9. Bathroom B on Level One

A permanent room identification sign is mounted on the toilet room entrance door. See §4.30.6 which requires such signs to be installed on the wall adjacent to the latch side of the door. This sign does not have raised letters or Braille. See §§4.1.3 (16) (a) and 4.30.4 which require permanent room identification signs to have letters and numerals raised 1/32nd of an inch in upper case with sans serif or simple serif font and to be accompanied by Grade 2 Braille.

The threshold at the entrance door is 1" high contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½" and beveled at 1:2 maximum if between ¼" and ½".

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None of the urinals is mounted with its rim maximum 17" AFF. See §4.18.2 which requires that the height of the elongated rim of an accessible urinal be maximum 17" AFF.

The lavatories all have round faucets which require tight grasping and twisting of the wrist contrary to §4.19.5.

The toilet stalls and shower stalls provided in this room are inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No accessible shower is provided as required by §§4.21 and 4.23.8.

10. "Resident Toilet" on Level One

A permanent room identification sign is mounted on the toilet room entrance door. See §4.30.6 which requires such signs to be installed on the wall adjacent to the latch side of the door. This sign does not have raised letters or Braille. See §§4.1.3 (16) (a) and 4.30.4 which require permanent room identification signs to have letters and numerals raised 1/32nd of an inch in upper case with sans serif or simple serif font and to be accompanied by Grade 2 Braille.

The threshold at the entrance door is 1" high contrary to §4.13.8 and 4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½" and beveled at 1:2 maximum if between ¼" and ½".

The width of the pull side maneuvering clearance at the entrance door is only 4" contrary to §4.13.6 and Fig. 25 which require that the width of the pull side maneuvering clearance on a front approach door such as this must be at least 18" and preferably 24".

Each of the two urinals is mounted at 22" AFF which is higher than the maximum 17" AFF that §4.18.2 requires for the height of the elongated rim of an accessible urinal.

The lavatories both have round faucets which require tight grasping and twisting of the wrist contrary to §4.19.5. The hot water and drain pipes under the lavatories are not insulated or otherwise configured to protect against contact contrary to §4.19.4.

11. Bathroom C on Level One

A permanent room identification sign is mounted on the toilet room entrance door. See §4.30.6 which requires such signs to be installed on the wall adjacent to the latch side of the door. This sign does not have raised letters or Braille. See

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§§4.1.3 (16) (a) and 4.30.4 which require permanent room identification signs to have letters and numerals raised 1/32nd of an inch in upper case with sans serif or simple serif font and to be accompanied by Grade 2 Braille.

The width of the pull side maneuvering clearance at the entrance door is only 3" contrary to §4.13.6 and Fig. 25 which requires that the width of the pull side maneuvering clearance on a front approach door such as this must be at least 18" and preferably 24".

The shower spray unit in the shower stall with the seat cannot be used as both a fixed shower head and as a hand-held shower. See §4.21.6 which requires that the shower spray unit be able to be used as both a fixed shower head and as a hand-held unit. The hook that a user would hang the hand-held shower spray unit on to make it be "fixed" was broken the day of the site survey.

12. Storage Lockers

Half-height metal lockers are provided for the secure storage of residents' personal possessions. The traditional twist-type combination locks require tight grasping, pinching and twisting of the wrist contrary to §§4.25.4 and 4.27.4 which require that hardware for accessible storage facilities be operable with one hand and not require tight grasping, pinching or twisting of the wrist.

The bottom shelf on the inside of the lockers is too low for a person seated in a wheelchair to reach. See Figs. 5 and 6 and §§4.2.5 and 4.2.6. See also §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §§4.2.5 and 4.2.6.

13. Sleeping Areas

None of the beds in the sleeping areas of the New York Avenue Shelter have maneuvering space that is at least 36" clear wide along both sides of the bed contrary to §§9.5.2 (2) (b) and 9.2.2 (1).

14. Kitchen / Eating Area

During the site visit on July 25, 2007 we were told that one meal per day is delivered from the D.C. Central Kitchen and distributed in the kitchens/eating room at the New York Avenue Shelter. We were told that residents are handed an empty plate at the door to the kitchen area. Residents then hand the empty plate over both a tray slide and Delfield brand sneeze guard (a 50¾" AFF x 24" deep reach) for food to be put on their plate by the server who is on the other side of the Delfield brand sneeze guard. See Fig. 6 (c) and §4.2.6 which specify that the

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maximum high side reach over an obstruction is 46" AFF.
The kitchen/eating room is elevated 1½" above the level of the corridor. The transition is not ramped contrary to §4.5.2 which requires changes in level greater than ½" to be accomplished by means of a ramp that complies with §4.7 or §4.8.
The television set mounted above the lockers in the eating area is 72" AFF and protrudes 8" from the leading edge of the line of lockers below it. See §4.4.1 and Fig. 8 (a) which prohibit anything deeper than 4" from protruding from walls between 27" AFF and 80" AFF.
15. Laundry Room
A permanent room identification sign is mounted on the laundry room entrance door. See §4.30.6 which requires such signs to be installed on the wall adjacent to the latch side of the door. This sign does not have raised letters or Braille. See §§4.1.3 (16) (a) and 4.30.4 which require permanent room identification signs to have letters and numerals raised 1/32nd of an inch in upper case with sans serif or simple serif font and to be accompanied by Grade 2 Braille.

H. Community of Hope, Inc. 1413 Girard Street, N.W. Washington, D.C. 20009 Residents: Families with Children Surveyed: July 16, 2007
1. Ramp from Girard Street to Front Entrance to the Girard Street Shelter
The top landing is 53" long contrary to §4.8.4 (2) which requires landings to be at least 60" clear long.
The bottom landing changes direction but is not at least 60" x 60" contrary to §4.8.4 (3). The dimensions of the bottom landing are 36" wide x 42" long. The bottom landing, also, is not level contrary to §4.8.4. The bottom landing has a running slope of 4.4%.
The space between the street-side handrail and the decorative metal railing is 3" when §4.26.2 and Fig. 39 require that space to be exactly 1 ½".
The top part of the ramp is only 35" wide - a minimum width of 36" is required by §4.8.3 and Fig. 11.

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2. Entrance Door from Girard Street
The threshold is ½" high and is not beveled contrary to §4.13.8 and Fig. 7 (c) and (d).
3. Platform Lift Connecting the Entrance Lobby to the Main Part of Level One
An older model Stair-Lift manufactured by Garaventa Limited is installed at the side of three stairs which connect the small entrance lobby, where the reception desk is located, to the main part of Level One of the Girard Street Shelter; The Stair-Lift does not facilitate unassisted entry, operation, and exit from the lift contrary to §4.11.3. There was no key in the lift during the site visit on July 16, 2007. We were told that the guard/receptionist has possession of the key to the lift and operates the lift for the person who needs to use it. However, that was not what occurred during the site visit on July 16, 2007. The guard/receptionist did not have the key to operate the lift. There was a delay while a third staff member went to get the key to operate the lift. Operation of the lift was demonstrated but only after this delay when this third person went to get the key to operate the lift. The lift is old and battered and staff present during the site visit told us that the lift frequently breaks down.
4. Accessible Route to Common Use Areas
The only laundry room at the Girard Street Shelter and the children's program area are both located on the Basement Level. The only route to the Basement Level is not accessible since it is down a flight of stairs. See §9.5.2 (2) (e). During the site visit on July 16, 2007 neither of the two designated accessible units had washers and/or dryers within the unit.

5. Accessible Route to Public Use Areas

The children's program area is located on the Basement Level. During the site visit on July 16, 2007 we were told that children who are not residents of the Girard Street Shelter are allowed to participate in the children's programs offered there. Therefore, the children's program area is a place of public accommodation. The only route to the Basement Level is not accessible since it is down a flight of stairs contrary to §4.3.8.

6. Door Leading to the Telephone Room and to the Case Management Suite

One enters the area containing the telephone room (from which residents make calls related to potential employment only) and the case management suite

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through a door from the main corridor. Immediately upon passing through this door, one is in a narrow hallway which requires either a right turn into the telephone room or a left turn into the case management suite. This hallway is only 40" wide. The hallway means that when a person using a mobility device approaches the door to leave the telephone room they don't have enough space to maneuver their wheelchair to open the door. Coming from the telephone room they approach the door from the latch, pull side which requires a width of at least 48". See §4.13.6 and Fig. 25 (c). On the hinge, pull side (which is how this door is approached when one is approaching it from the case management suite) at least 54" wide is required. See §4.13.6 and Fig. 25 (b).

7. Toilet Room in Case Management Suite

The toilet and lavatory and the room in which they are located are completely inaccessible. No accessible toilet is provided as required by §§4.16 and 4.23.4. No accessible lavatory is provided as required by §§4.19 and 4.22.6. The mirror is mounted too high. See §§4.19.6, 4.22.7 and 4.27.3. There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the lavatory or at the toilet - see §§4.19.3 and 4.16.2.

The entrance door to this toilet room provides 30" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

This door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

This door has no pull side maneuvering clearance contrary to §4.13.6.

The threshold is ½" high and is not beveled contrary to §§4.5.2, 4.13.8 and Fig. 7 (c) and (d).

The lavatory in this toilet room is in a vanity cabinet so that there is no front approach knee clearance contrary to §4.19.2 and Fig. 31.

The bottom of the reflecting surface of the mirror in the shared toilet room is mounted 49 ½" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The top of the toilet seat is 15" above the finished floor ("AFF") which is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

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The toilet is not located beside a wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall. The toilet is located between the tub and the vanity cabinet containing the lavatory.
There are no grab bars at the side or rear of the toilet contrary to §4.16.4 and Fig. 29.
The clear floor space required at the toilet seat cover dispenser is blocked by the toilet contrary to §4.27.2.
8. Staff Toilet Room
The toilet and lavatory and the room in which they are located are completely inaccessible. No accessible toilet is provided as required by §§4.16 and 4.23.4. No accessible lavatory is provided as required by §§4.19 and 4.22.6. The mirror is mounted too high. See §§4.19.6, 4.22.7 and 4.27.3.
There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the lavatory or at the toilet - see §§4.19.3 and 4.16.2.
The entrance door to this toilet room has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.
This door has no pull side maneuvering clearance contrary to §4.13.6. It is blocked by the vanity cabinet.
The lavatory in this toilet room is in a vanity cabinet so that there is no front approach knee clearance contrary to §4.19.2 and Fig. 31.
The bottom of the reflecting surface of the mirror in the shared toilet room is mounted 49 ½" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.
The top of the toilet seat is 15" AFF which is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.
The toilet centerline is located 17" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

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The flush control is mounted on the narrow side of the toilet area contrary to §4.16.5 which requires it to be mounted on the wide side of the toilet area.

There are no grab bars at the side or rear of the toilet contrary to §4.16.4 and Fig. 29.

The clear floor space required at the toilet seat cover dispenser is blocked by the toilet contrary to §4.27.2.

9. Case Managers' Offices

The entrance doors to these two rooms have knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

10. Case Managers' Offices

The entrance doors to these two rooms have knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

11. Computer Lab Door

The entrance door to the computer lab has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The threshold is ½" high and is not beveled contrary to §4.13.8 and Fig. 7 (c) and (d).

12. Laundry Room

The entrance door to the laundry room has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

There is no accessible route to the folding table in the laundry room. The route to the folding table narrows to 29" wide across from the dryers. See §4.3.3 which requires an accessible route to be at least 36" wide.

13. Children's Program Area - Girl's Toilet Room

The toilet and lavatory and the room in which they are located are completely inaccessible. No accessible toilet is provided as required by §§4.16 and 4.23.4. No accessible lavatory is provided as required by §§4.19 and 4.22.6. The mirror is mounted too high. See §§4.19.6, 4.22.7 and 4.27.3.

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There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the lavatory or at the toilet - see §§4.19.3 and 4.16.2.

The entrance door to this toilet room provides 27½" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

The entrance door to this toilet room has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The lavatory in this toilet room is in a vanity cabinet so that there is no front approach knee clearance contrary to §4.19.2 and Fig. 31.

The bottom of the reflecting surface of the mirror in the shared toilet room is mounted 49 ½" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The toilet centerline is located 17" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

The flush control is mounted on the narrow side of the toilet area contrary to §4.16.5 which requires it to be mounted on the wide side of the toilet area.

There are no grab bars at the side or rear of the toilet contrary to §4.16.4 and Fig. 29.

14. Children's Program Area - Boy's Toilet Room

The toilet, the door and the room in which they are located are completely inaccessible. See §§4.19.6, 4.22.7 and 4.27.3.

There is no turning space as required by §§4.2.3 and 4.23.3. Nor is there the required clear floor space at the toilet - see §4.16.2.

The entrance door to this toilet room provides 28" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

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The entrance door to this toilet room has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The bottom of the reflecting surface of the mirror in the shared toilet room is mounted 49 ½" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.

The toilet centerline is located 14" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located with its centerline exactly 18" from the side wall.

There are no grab bars at the side or rear of the toilet contrary to §4.16.4 and Fig. 29.

15. Children's Program Area - Break Out Rooms and Offices (Except for the Blue Break Out Room)

The entrance doors to these rooms provide 28" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

The entrance doors to these rooms have knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

16. UNIT 104 [One of two units designated as accessible]

(a) DOORS

The unit entrance door, as well as all of the other doors in this unit, has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

One enters this unit through a door from the main corridor on the main part of Level One. Immediately upon passing through the unit entrance door, one is in a narrow hallway which requires either a right turn to the bedrooms and bathroom or a left turn into the living/dining/kitchen area. This hallway is only 30 3/4" wide. The clear space on the latch side of the door is only 13 ½" long. The location of this hallway means that when a person using a mobility device approaches the unit entrance door to leave the unit they don't have enough space to maneuver their wheelchair to open the door. Coming from the area containing the living/dining/kitchen area they approach the door from the latch, pull side which requires a width of at least 48". See §4.13.6 and Fig. 25 (c). On the hinge, pull side

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(which is how this door is approached when one is approaching it from the area containing the bedrooms and bathroom) a clear space on the latch side that is at least 42" long x 54" wide is required. Or that clear space can be at least 36" long x 60" wide. See §4.13.6 and Fig. 25 (b). Here the clear space is only 13½" long x 30 3/4" wide.
The threshold at the unit's entrance door is 1" high and not beveled contrary to §§4.13.8 and 4.5.2 which require thresholds and other level changes to be no higher than ½" and to be beveled at 1:2 maximum if between ¼ inch and ½ inch. See Fig. 7 (c) and (d).
The bathroom door provides only 27 ½" clear width contrary to §4.13.5. That
section requires that doors to and in accessible spaces that are intended for user passage have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the stop.
(b) BATHROOM
Turning Space
The bathroom does not provide either the minimum five foot diameter turning radius or the T-shaped turning space required by §4.22.3, 4.2.3 and Fig. 3. The widest space in the bathroom is from the wall to the leading edge of the bath tub which is 37" wide.
Lavatory
The lavatory is in a vanity cabinet so does not provide the front approach clear floor space required by §4.19.3 and Fig. 31. The required minimum 30" wide x 48" long clear floor space in front of the lavatory is not provided. The bottom of the mirror's reflecting surface is 47" AFF contrary to §4.19.6 which requires it to be no higher than 40" AFF.
Toilet
The toilet is located in a 25" wide space between the tub and the lavatory. It does not have the clear floor space required by §4.16.2 or Fig. 28. Nor is the toilet seat 17" to 19" AFF as required by §4.16.3. The top of the toilet seat is 15" AFF. There are no grab bars at the rear and side wall of the toilet as required by §4.16.4.

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Bath Tub
The tub is a standard, inaccessible tub with no seat, no grab bars and no handheld shower spray unit contrary to §4.20.
The controls for the bath tub are not offset close to the edge of the tub so that they are usable from outside of the tub as required by §4.20.5.4 and Fig. 34 which require that faucets and other controls be located as shown in Fig. 34. Fig. 34 shows the control area near the edge of the tub, rather than being centered in the middle of the foot of the tub as is typical of standard tubs.
Visual Alarms
There is no visual alarm in the bathroom contrary to §4.28.1 which requires visual signal appliances to be provided in buildings and facilities that have an audible alarm system in each of the following areas:
* Restrooms and any other general usage areas; * Hallways; * Lobbies; and * Any other area of common use.
There are visual and audible alarms in both bedrooms and in the living/dining/kitchen area.
(c) KITCHEN
The kitchen countertop and the sink rim are both mounted at 36" AFF contrary to §9.2.2 (7) which requires them to be mounted at a maximum height of 34" AFF.
Please note that the kitchen sink is mounted with a cabinet below it. This complies with the requirements of §9.2.2 (7) which allows a front or a parallel approach to cabinets, counters, sinks and appliances. Section 4.34.6.5 of the Uniform Federal Accessibility Standards ("UFAS") would require a much more accessible kitchen, including at the sink and cabinets.
UFAS would require the rough-in plumbing to be located to accept connections of supply and drain pipes for sinks mounted at a height of 28" (§4.34.6.5 (2)).
UFAS would also require that the depth of the sink bowl would have to be no greater than 6 ½" (§4.34.6.5 (3)).

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UFAS would also require that base cabinets, if provided, must be removable under the full 30" minimum frontage of the sink and surrounding counter. The finished flooring must extend under the counter to the wall (§4.34.6.5 (5)). Counter thickness and supporting structure must be 2" maximum over the required clear space (§4.34.6.5 (6)).

UFAS would also require that there be a clear floor space 30" x 48" to allow a forward approach to the sink. Nineteen inches maximum of the clear floor space may extend underneath the sink. The knee space must have a clear width of 30" and a clear depth of 19" (§4.34.6.5 (7)).

UFAS would require that there be no sharp or abrasive surfaces under sinks. Hot water and drain pipes must be insulated or otherwise covered (§4.34.6.5 (8)).

(d) HALL CLOSET

The closet rod/shelf is 65" AFF contrary to §§4.25.3 and 9.2.2 (4) which requires it to be no higher than 54" AFF for a side approach.

(e) THERMOSTAT

The thermostat requires tight grasping and twisting of the wrist contrary to §§4.27.4 and 9.2.2 (5).

The thermostat is mounted at 56" AFF contrary to §§4.27.3 and 9.2.2 (5) which require all controls in accessible units to be placed within at least one of the reach ranges specified in §4.2.5 and 4.2.6 (no higher than 48" AFF if clear floor space for a forward approach is provided or no higher than 54" AFF if clear floor space for a parallel approach is provided).

17. UNIT 105 [One of two units designated as accessible.]

(a) DOORS

The unit entrance door, as well as the door to the bedroom at the right end of the corridor, has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The threshold at the unit's entrance door is 1" high and not beveled contrary to §§4.13.8 and 4.5.2 which require thresholds and other level changes to be no higher than ½" and to be beveled at 1:2 maximum if between ¼ inch and ½ inch. See Fig. 7 (c) and (d).

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One enters this unit through a door from the main corridor on the main part of Level One. Immediately upon passing through the unit entrance door, one is in a narrow hallway which requires either a right turn to the bedrooms and bathroom or a left turn into the living/dining/kitchen area. This hallway is only 40" wide. The clear space on the latch side of the door is only 13 ½" long. The location of this hallway means that when a person using a mobility device approaches the unit entrance door to leave the unit they don't have enough space to maneuver their wheelchair to open the door. Coming from the area containing the living/dining/kitchen area they approach the door from the latch, pull side which requires a width of at least 48". See §4.13.6 and Fig. 25 (c). On the hinge, pull side (which is how this door is approached when one is approaching it from the area containing the bedrooms and bathroom) a clear space on the latch side that is at least 42" long x 54" wide is required. Or that clear space can be at least 36" long x 60" wide. See §4.13.6 and Fig. 25 (b). Here the clear space is only 13½" long x 30 3/4" wide.

(b) BATHROOM

Turning Space

The bathroom does not provide either the minimum five foot diameter turning radius or the T-shaped turning space required by §4.22.3, 4.2.3 and Fig. 3.

Lavatory

The lavatory is in a vanity cabinet so does not provide the front approach clear floor space required by §4.19.3 and Fig. 31. The required minimum 30" wide x 48" long clear floor space in front of the lavatory is not provided. The bottom of the mirror's reflecting surface is 44" AFF contrary to §4.19.6 which requires it to be no higher than 40 inches above the finished floor.

Toilet

The toilet is located beside the door to the bathroom. There is no grab bar at the rear wall of the toilet as required by §4.16.4. The grab bar at the side of the toilet is only 24" long when a minimum length of 42" (extending 54" from the rear wall see Fig. 29 (b)) is required by §4.16.4. However, a 42" long side grab bar could not be installed in the current configuration of this bathroom since the bathroom door is on the side wall. A 42" long grab bar would extend into the door opening.

This location of the toilet also means that the toilet blocks the pull side maneuvering clearance required at the bathroom door contrary to §4.13.6 and Fig.

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25 (a).

The flush control is mounted on the narrow side of the toilet area contrary to §4.16.5 which requires it to be mounted on the wide side of the toilet area.

Bath Tub

The bottom grab bar on the long wall is mounted 6½" above the tub rim contrary to §4.20.4 which requires it to be exactly 9" above the rim.

The controls for the bath tub are not offset close to the edge of the tub so that they are usable from outside of the tub as required by §4.20.5.4 and Fig. 34 which require that faucets and other controls be located as shown in Fig. 34. Fig. 34 shows the control area near the edge of the tub, rather than being centered in the middle of the foot of the tub as is typical of standard tubs.

Visual Alarms

There is no visual alarm in the bathroom or in any other of the rooms in Unit 105 contrary to §4.28.1 which requires visual signal appliances to be provided in buildings and facilities that have an audible alarm system in each of the following areas:

* Restrooms and any other general usage areas; * Hallways; * Lobbies; and * Any other area of common use.

There are visual and audible alarms in both bedrooms and in the living/dining/kitchen area of Unit 104.

Robe Hook

The robe hook is mounted at 67" AFF contrary to §§4.2.5 and 4.2.6 which require the highest reach range to be 54" AFF and then, only when clear floor space for a side approach is provided.

Electrical Outlet

The electrical outlet is installed at 49½" AFF contrary to §§9.2.2 (5) and 4.27.3 which require that receptacles and other operable equipment be placed within at least one of the reach ranges specified in §§4.2.5 and 4.2.6. This electrical outlet is

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installed in the space between the toilet and the lavatory where there is not even clear floor space for a front approach.
(c) KITCHEN
The kitchen sink is mounted with knee space below it. However, this knee space does not comply with the requirements of §9.2.2 (7) which allows a front or a parallel approach to cabinets, counters, sinks and appliances. Section 4.24.3 describes the dimensions of clear knee space under sinks as being at least 27" AFF x 30" wide x 19" deep. The knee space under this sink is only 28" wide. It is also in the corner of the kitchen which prevents a parallel approach being made to the sink.
Neither a parallel approach nor a front approach can be made to either the range or the microwave oven contrary to §9.2.2 (7) which requires a front or a parallel approach to cabinets, counters, sinks and appliances.
At least 50% of the cabinet space is not within reach range contrary to §9.2.2 (7) which requires at least 50% of shelf space in cabinets to be within the reach ranges of §4.2.5 or 4.2.6.

II. Violations in Other Shelters Surveyed by the Department

A. Emery Working Man's Shelter 1725 Lincoln Road, N.E. Washington, D.C. 20002 Residents: Single Men Surveyed: July 16, 2007

1. Parking Lot

The parking lot at the south side of the Emery Shelter does not contain any accessible parking spaces. See §4.1.2 (5) which requires that if parking spaces are provided for employees or visitors, or both, then accessible spaces complying with §4.6 shall be provided in each such parking area in conformance with the chart set out in §4.1.2 (5) (a). The parking spaces in this lot are not striped. However, it would appear to contain approximately 18 parking spaces.

2. No Accessible Route from Parking Lot to an Accessible Building Entrance

Section 4.3.2 (1) requires at least one accessible route within the boundary of the

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site to be provided from public transportation stops, accessible parking, and accessible passenger loading zones and public streets or sidewalks to an accessible building entrance. The accessible route must, to the maximum extent feasible, coincide with the route for the general public. There is no accessible route from the parking lot to an accessible entrance. Nor is there an accessible entrance (both the front entrance facing Lincoln Road, N.E. and the side entrance facing the parking lot have unramped steps up to the entrance door - two sets of ten steps up to a porch and then one more step up at the set of double doors at the Lincoln Road, N.E. entrance and eleven steps at the side entrance door near the parking lot). The route from the parking lot to the side entrance has a curb between the lot and the shortest route to the side door. There is a sloped asphalt path that requires a longer route of travel. However, this sloped path has a running slope of 13.6% and a cross slope of 6.1% and an unramped level change of approximately 3" where the asphalt meets the concrete walkway leading to the side door steps.

Additionally, there are room air conditioners protruding out of windows near both sets of stairs at the entrance facing Lincoln Road, N.E. contrary to §4.4.1 and Fig. 8 (a). Each air conditioner cover protrudes 10 ½" between 27" and 80" above the ground.

3. No Accessible Entrance

At least 50% of the public entrances shall be connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, and to public streets or sidewalks if available (see §§4.3.2(1)) and 4.14). Both the front entrance facing Lincoln Road, N.E. and the side entrance facing the parking lot have unramped exterior steps up to the entrance door - two sets of ten steps at the Lincoln Road, N.E. entrance and eleven steps at the side entrance door. When one enters the front entrance facing Lincoln Road, N.E. there is also one unramped step up to the entrance doorway and then another flight of eleven stairs to get from the entrance lobby/foyer to the upper main level and a flight of stairs down to the ground level.

At the front entrance facing Lincoln Road, N.E., there is a door bell mounted 75" above the floor of the entry porch. This door bell is too high for a control or operating mechanism to be mounted - see §4.27.3, Figs. 5 and 6 and §§4.2.5 and 4.2.6. The maximum high side reach is 54" AFF.

4. No Accessible Route to Sleeping Areas or to all Common Use Amenities

The design of the building in which the Emery Shelter is housed is inaccessible. When one enters the front entrance facing Lincoln Road, N.E. (which is up a flight

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of ten stairs) there is also one unramped step up to the entrance doorway and then another flight of eleven stairs to get from the entrance lobby/foyer to the upper main level and a flight of stairs down to the ground level.
The common use amenities, such as the dining room and the laundry room, are on the ground floor level, which is down a flight of stairs from the entrance level on the upper main level. There is no accessible route connecting the ground floor level, the upper main level and the level above the upper main level. See §4.3.8 and 4.5.2 of the Standards - an accessible route does not include steps or stairs.

5. Multi-User Toilet Room on Upper Main Level

This toilet room contains two toilet stalls, two urinals and three lavatories mounted in a counter top.

The toilet stalls, urinals and lavatories provided in this room are completely inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No urinal is lowered with an elongated rim no higher than 17" AFF as required by §§4.18 and 4.22.5. No accessible lavatories are provided as required by §§4.19 and 4.22.6. The mirrors and soap dispensers are mounted too high for a person using a wheelchair for mobility to be able to use. See §§4.19.6, 4.22.7 and 4.27.3. Additionally, the threshold at the entrance door is 2" high and unramped contrary to §4.13.8 and 4.5.2 which require that thresholds at doors that are not exterior sliding doors be no higher than ½".

6. Staff Toilet Room off of the Substance Abuse Office on Upper Main Level

This single - user toilet room is entered through a narrow door with a knob. The door provides only 29½" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

The door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The top of the toilet seat of the only toilet in this room is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

There are no grab bars at the side or rear of the only toilet in this toilet room contrary to §4.16.4 and Fig. 29.

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The faucets on the only lavatory in this room require tight grasping and twisting of the wrist contrary to §4.19.5.

7. Toilet Room off of the Computer Lab/ Office on Upper Main Level

This single - user toilet room is entered through a door with a knob. Knob hardware requires tight grasping and twisting of the wrist contrary to §4.13.9.

The top of the toilet seat of the only toilet in this room is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

There are no grab bars at the side or rear of the only toilet in this toilet room contrary to §4.16.4 and Fig. 29.

The faucets on the only lavatory in this room require tight grasping and twisting of the wrist contrary to §4.19.5.

The hot water supply and drain pipes are not insulated or configured to protect against contact with the user's legs contrary to §4.19.4.

The mirror is mounted too high for a person using a wheelchair for mobility to be able to use. The bottom of the reflecting surface is mounted 44" AFF contrary to §4.19.6.

Additionally, there is a coat rack at the entrance to this toilet room protruding out more than 4" between 27" and 80" AFF contrary to §4.4.1 and Fig. 8 (a).

8. Toilet Room off of the Group Room on Upper Main Level

The unobstructed turning space required by §§4.22.3 and 4.2.3 is not provided in this room. The total overall dimensions of this room are 58" x 58". Section 4.2.3 requires a clear space of 60" diameter or a T-shaped space as illustrated in Fig. 3 (a) and 3 (b).

The top of the toilet seat of the only toilet in this room is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

The centerline of the only toilet in this toilet room is 27" from the side wall contrary to Fig. 28 which requires an accessible toilet to be located such that its centerline is exactly 18" from the side wall.

The only lavatory in this room does not provide the knee space under it required

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for a front approach by a person using a wheelchair for mobility contrary to §§4.19.2 and 4.19.3. The lavatory is on legs that are 13½" apart contrary to §4.19.3 which requires that a clear floor space 30" x 48" be provided in front of a lavatory to allow front approach. There is only 25 3/4" of clear knee space under this lavatory. See §4.19.2 which requires a clearance of at least 29" AFF from the bottom of the apron. These clearances are illustrated in Figs. 31 and 32.
9. Designated Accessible Toilet/Shower Room off of Sleeping Area on Upper Main Level
There is no accessible route into the toilet room from the sleeping area. The threshold at the entrance to the toilet/shower room is higher than ½" and unramped contrary to §4.13.8 and 4.5.2 which require that thresholds at doors that are not exterior sliding doors be no higher than ½".
The shower stall in this room has a seat but the seat does not extend the full depth of the shower stall contrary to §4.21.3 and Fig. 35 (a).
The grab bar in the shower stall is only on the front wall under the fixed shower head. See Figs. 35 (a) and 37 (a) which illustrate an 18" long grab bar on the side wall as well as the grab bar the full length of the wall opposite the seat in a transfer shower.
The shower spray unit in the shower stall with the shower seat is only a fixed shower head. See §4.21.6 which requires that the shower spray unit be able to be used as both a fixed shower head and as a hand-held unit.
There is no grab bar at the rear of the toilet as required by §4.16.4 and Fig. 29 (a).
The access panel on the side wall near the toilet reduces the required 1½" clear space between the side grab bar and the wall. See §4.16.4, 4.26.2 and Fig. 39.
10. Multi-User Toilet Room on Ground Level
The seven toilet stalls, urinals and lavatories provided in this room are completely inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No ambulatory stall is provided contrary to §4.22.4. No urinal is lowered with an elongated rim no higher than 17" AFF as required by §§4.18 and 4.22.5. No accessible lavatories are provided as required by §§4.19 and 4.22.6.
11. Shower Room on Ground Level

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This room has a total of 12 shower stalls none of which are accessible. None of the shower stalls comply with §4.21, including the requirement for an accessible shower stall to be one of the two sizes illustrated in Fig. 35, to have a seat as illustrated in Fig. 36 and grab bars as illustrated by Fig. 37 and to not have a curb higher than ½" (only allowed in the case of a 36" x 36" shower - a roll-in shower may not have a curb of any height). Each of these shower stalls has a curb that is 14" high.

12. Small Toilet Room off of the Kitchen/Eating Area on Ground Level

This single - user toilet room has a narrow stall and one wall-hung lavatory. No Standard Stall is provided as required by §§4.17.3 and 4.22.4.

13. Multi-User Toilet/Shower Room on Level above the Upper Main Level

This toilet room with toilet stalls, urinals, shower stalls and lavatories is entered through a door that has knob hardware and a 3" high unramped threshold.

The toilet stalls, urinals, shower stalls and lavatories provided in this room are completely inaccessible. No Standard Stall is provided as required by §§4.17.3 and 4.22.4. No urinal is lowered with an elongated rim no higher than 17" AFF as required by §§4.18 and 4.22.5. No accessible lavatories are provided as required by §§4.19 and 4.22.6. Additionally, the threshold at the entrance door is 3" high and unramped contrary to §4.13.8 and 4.5.2 which require that thresholds at doors that are not exterior sliding doors be no higher than ½". The door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

None of the shower stalls comply with §4.21, including the requirement for an accessible shower stall to be one of the two sizes illustrated in Fig. 35, to have a seat as illustrated in Fig. 36 and grab bars as illustrated by Fig. 37 and to not have a curb higher than ½" (only allowed in the case of a 36" x 36" shower - a roll-in shower may not have a curb of any height). Each of these shower stalls has a curb that is 6" high.

There is also no accessible route to the rest of the room past the toilet stalls. The path of travel is less than 36" wide contrary to §§4.22.3 and 4.3.3 which require the accessible fixtures to be on an accessible route which is at least 36" wide.

14. Sleeping Areas

None of the beds in the sleeping areas have maneuvering space that is at least 36" clear wide along all sides of the bed contrary to §§9.5.2 (2) (b) and 9.2.2 (1).

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15. Doors with Hardware that Requires Tight Grasping and Twisting of the Wrist

The outer door to the Administrative Offices has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

16. Laundry Room

There is no accessible route to the only laundry room provided for residents to use to wash their clothes. Not only is this laundry room on the ground level (which is down 13 steps from the entrance) there are an additional three steps down into the laundry room from the ground level corridor in which it is located.

17. Dining Room

There is no accessible route to the only dining room provided for residents to eat the two meals per day that we were told are provided to them. This dining room is on the ground level (which is down 13 steps from the entrance).

18. Clinic

There is no accessible route to the clinic where a physician comes to treat residents once a week. This clinic is on the ground level (which is down 13 steps from the entrance).

19. Door en route to the Laundry Room and Ground Level Toilet Room

There is no accessible route to the laundry room and toilet room on the ground level. The area containing the toilet room and laundry room is entered through a narrow door. The door provides only 31" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

20. Metal Lockers Provided in Corridors on Level above the Upper Main Level

Metal lockers are provided for the secure storage of residents' personal possessions. The traditional twist-type combination locks require tight grasping, pinching and twisting of the wrist contrary to §§4.25.4 and 4.27.4 which require that hardware for accessible storage facilities be operable with one hand and not require tight grasping, pinching or twisting of the wrist.

The shelves and hooks on the inside of the lockers are too high or low for a person

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seated in a wheelchair to reach. See Figs. 5 and 6 and §§4.2.5 and 4.2.6. See also §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §§4.2.5 and 4.2.6.
21. Reception Counter on Upper Main Level
The entire length of this counter is 46" AFF contrary to §7.2 which requires that service counters either have a section that is at least 36" long that is no higher than 36" AFF or that it have an auxiliary counter no higher than 36" AFF in close proximity to the main counter or that it provide equivalent facilitation such as a folding shelf attached to the main counter and space at the side of the counter for handing materials back and forth.
22. Hazards to Persons who are Blind or have Low Vision
There are numerous protruding object hazards (§4.4.1 and Fig. 8) and overhead hazards (§4.4.2) throughout the Emery Shelter, including:
* Fire annunciator panel; * Pay phones; * Electrical panel; * Fire Extinguisher cabinet; * Service counter in Dining Room; and * Air duct on ground level that reduces headroom below the minimum 80"
AFF required by §4.4.2.

B. Park Road Shelter 1448 Park Road, N.W. Washington, D.C. Residents: Families with Children Surveyed: May 9, 2007
1. Common Use Areas
The Park Road Shelter provides the following common use elements which were also surveyed for compliance with the Standards:

* Front Entrance Doors from Park Road; * An Office; * A Community Room; * An Elevator;

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* Stairs; * An Emergency Exit.

There is no accessible route into the Park Road Shelter. At the street there are two unramped level changes - a three inch high step and then, closer to the building entrance, an 8½ inch high step.

When you enter the double doors at the only public entrance into the Park Road Shelter, there are an additional seven unramped steps up from the vicinity of the doors to the lobby area.

The elevator, which is very small and old, is located at the lobby level (i.e. you would have to walk up the seven unramped stairs to get to the elevator; it does not come down as far as the entrance door level).

The design of the exterior of the entrance area with its proximity to the street and also with exterior stairs (going down into what appeared to be an exterior entrance to the "community room" in the basement) beside the front entrance steps makes it difficult, if not impossible, to provide an accessible route at the entrance. Nor is there any space inside the entrance area to either build a ramp or install a wheelchair lift to provide an accessible route for the seven unramped steps up into the lobby area that confront you when you enter the front doors.

When you come up those seven steps you are on the level where a small old elevator (which we were told by D.C. representative Michele Salters is not used - it was filled with janitorial equipment during the survey), an office area and the one hundred series dwelling units are located. The doors to these offices do not provide 32 inches clear width contrary to §4.13.5.

The dwelling units located on the floors above the first floor are not on an accessible route since the only route to them in lieu of the elevator is by way of a flight of stairs. The community room is not on an accessible route either since it is down two flights of very narrow stairs consisting of 13 steps.

The emergency exit at this basement level is also not accessible since it empties out into an area where one must climb up seven steps to exit.

2. UNIT 103 [A unit being used by a person with a disability]

(a) DOORS

All doors that the user must pass through to use the space on the other side of the

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door do not provide at least 32" clear width contrary to §4.13.5. That section requires that doors to and in accessible spaces that are intended for user passage have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the stop. The door to the bathroom is very narrow, providing only 22 inches clear width.
(b) BATHROOM
Turning Space
The bathroom does not provide either the minimum five foot wide turning radius or the T-shaped turning space required by §4.22.3, 4.2.3 and Fig. 3. The widest space in the bathroom is from the wall to the leading edge of the bath tub which is 39 inches wide.
Lavatory
The lavatory is in a vanity cabinet so does not provide the front approach clear floor space required by §4.19.3 and Fig. 31. The required minimum 30" wide x 48" long clear floor space in front of the lavatory is not provided. The toilet is on the opposite wall directly behind the lavatory with less than 30 inches between the lavatory and the toilet. The faucets require tight grasping and twisting contrary to §4.19.5.
Toilet
The toilet is located in a 27 inch wide alcove at the far end of the tub and directly across from the lavatory. It does not have the clear floor space required by §4.16.2 or Fig. 28. Nor is the toilet seat 17 to 19 inches high as required by §4.16.3. There are no grab bars at the rear and side wall of the toilet as required by §4.16.4.
Bath Tub
The tub is a standard, inaccessible tub with no seat, no grab bars and a sliding door enclosure with tracks mounted on the tub rim such as those prohibited by §4.20.7.
The controls for the bath tub are not offset close to the edge of the tub so that they are usable from outside of the tub as required by §4.20.5.4 and Fig. 34 which require that faucets and other controls be located as shown in Fig. 34. Fig. 34 shows the control area near the edge of the tub, rather than being centered in the middle of the foot of the tub as is typical of standard tubs.

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One cannot verify by visual inspection whether walls at the tub and toilet are reinforced for later installation of grab bars. I did not open up the walls or otherwise probe for evidence of the necessary reinforcement of the drywall to provide the structural strength to support grab bars.
(c) KITCHEN
The range and the microwave oven are both located in the corner of the two runs of kitchen cabinets which form an L-shape. This corner location means that neither appliance has clear floor space for either a front or parallel approach as required by §9.2.2 (7).
The range fan switch is located above the maximum 54 inch high side reach contrary to §9.2.2 (7) which requires that controls in kitchens comply with §4.27. §4.27.3 requires that the highest operable part of all controls, dispensers, receptacles, and other operable equipment shall be placed within at least one of the reach ranges specified in §§4.2.5 and 4.2.6. The maximum side reach is 54" AFF. Each approach must provide at least 30" x 48" of clear floor space at the control. See Figs. 5 and 6 and §4.27.2.
The faucets on the kitchen sink require tight grasping and twisting of the wrist contrary to §9.2.2 (7) which requires that controls in kitchens comply with §4.27. Section 4.27.4 requires that controls and operating mechanisms operate with one hand without tight grasping, pinching, or twisting of the wrist with no more than five pounds of force.
C. 801 East Shelter [TRP and Project Rise]10 801 Making Life Better Lane, S. E. Washington, D.C. 20032 Residents: Single Men Surveyed: July 23, 2007
1. Parking Lot
The parking lot contains six van accessible parking spaces. However, only three of these spaces have post-mounted signs and none of the existing post-mounted signs contain the additional sign saying that the space is "Van Accessible". See §4.6.4.

10 It appears that the District intended to identify as accessible the 12 Hour Bed Program at 801 East, but not the TRP/Project Rise Shelter in that building. Thus the violations in TRP/Project Rise are listed in Part II rather than in Part I.

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2. Curb Ramp from Parking Lot to the Accessible Building Entrance

The running slope of this curb ramp is 10.1% which exceeds the maximum 8.3% or 1:12 required by §§4.7.2 and 4.8.2.

3. Resident Toilet Room on Level Two

There are two areas containing toilet stalls in this room. Both areas have wider stalls. However, one of the wider stalls is only 51" wide and so does not meet the 60" wide minimum width for a Standard Stall - see Fig. 30 (a). In the area where there are just two toilet stalls the wider of those two stalls is 60" wide. This 60" wide stall was surveyed as the one Standard Stall required in this toilet room. However, the door to this stall is located directly in front of the toilet. See Fig. 30(a) which shows the door to the Standard Stall in front of the clear floor space beside the toilet. Also, the grab bars in this Standard Stall are loose. See §4.26.3 which requires that grab bars, fasteners and mounting devices have the structural strength to withstand the application of 250 pounds of force from bending stress, sheer stress, sheer force and tensile force. The grab bars in the 60" wide stall did not appear to be able to withstand the application of much less than 250 pounds of force during the site visit. This is a serious safety concern since the side grab bar, especially, could pull out of the wall if someone leaned heavily on it to pull up from the toilet.

The mirror serving the accessible lavatory nearest to the Standard Stall is mounted with the bottom of its reflecting surface at 47½" AFF. See §4.19.6 which requires it to be no higher than 40" AFF.

The entrance door nearest to the 60" wide stall requires 19 pounds of force to operate. Unless it is a fire door, an interior door must operate with no more than 5 pounds of force. See §4.13.11 (2) (b). Fire doors must operate with the minimum opening force allowable by the appropriate administrative authority. See §4.13.11 (1).

A permanent room identification sign, without raised letters or Braille, is mounted on the toilet room entrance door nearest to the 60" wide stall. See §4.30.6 which requires permanent room identification signs to be installed on the wall adjacent to the latch side of the door with its centerline exactly 60" AFF. See, also, §4.1.3.16 (a), §4.30.4 and §4.30.5 which require permanent room identification signs to have letters and numbers raised 1/32" in sans serif or simple serif type and be accompanied by Grade 2 Braille.

The visual alarm signal appliance is mounted 73½" above the highest floor level in

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the toilet room and 20" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.
4. "Small Shower Room" on Level Two
A permanent room identification sign, without raised letters or Braille, is mounted on the toilet room entrance door. See §4.30.6 which requires permanent room identification signs to be installed on the wall adjacent to the latch side of the door with its centerline exactly 60" AFF. See, also, §4.1.3.16 (a), §4.30.4 and §4.30.5 which require permanent room identification signs to have letters and numbers raised 1/32" in sans serif or simple serif type and be accompanied by Grade 2 Braille.
The threshold at the entrance door to this room is 1 ¼" high and it is not beveled contrary to §4.13.8 and §4.5.2 which requires that thresholds at doors that are not exterior sliding doors be no higher than ½" and beveled at 1:2 maximum if higher than ¼".
The visual alarm signal appliance is mounted 74" above the highest floor level in the toilet room and 18" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.
The height of the toilet in the widest toilet stall is 20" measured to the top of the toilet seat. See §4.16.3 and Fig. 30 (d) - the top of the seat must be at least 17" but no higher than 19", measured to the top of the toilet seat.
The centerline of the toilet in the widest toilet stall is 19" from the side wall not the exactly 18" it is required to be by Fig. 30(a) and §4.16.
The coat hook in the widest toilet stall is 63" AFF. See §§4.2.5/6 and Figs. 5/6 which require that elements be mounted within the reach range of a person seated in a wheelchair - no higher than 48" AFF if there is at least 30" wide x 48" long of clear floor space for a front approach to the element and no higher than 54" AFF if there is at least 48" long x 30" wide of clear floor space for a parallel approach to the element.
The mirror serving the accessible lavatory is mounted with the bottom of its reflecting surface at 41" AFF. See §4.19.6 which requires it to be no higher than 40" AFF.

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There are two unramped level changes in this room. Near the accessible shower stall there is a level change of 1". This is contrary to §4.5.2 which requires that changes in level greater than ½" be accomplished by a ramp that complies with §4.7 or §4.8. The other unramped level change is between the toilet stalls and the shower stalls. It is 1½" high.
5. Female Staff Toilet Room on Level Two
A permanent room identification sign, without raised letters or Braille, is mounted on the toilet room entrance door. See §4.30.6 which requires permanent room identification signs to be installed on the wall adjacent to the latch side of the door with its centerline exactly 60" AFF. See, also, §4.1.3.16 (a), §4.30.4 and §4.30.5 which require permanent room identification signs to have letters and numbers raised 1/32" in sans serif or simple serif type and be accompanied by Grade 2 Braille.
The mirror is mounted with the bottom of its reflecting surface at 41 ¼" AFF. See §4.19.6 which requires it to be no higher than 40" AFF.
The visual alarm signal appliance is mounted 74" above the highest floor level in the toilet room and 16" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.

6. Male Staff Toilet Room on Level Two

A permanent room identification sign, without raised letters or Braille, is mounted on the toilet room entrance door. See §4.30.6 which requires permanent room identification signs to be installed on the wall adjacent to the latch side of the door with its centerline exactly 60" AFF. See, also, §4.1.3.16 (a), §4.30.4 and §4.30.5 which require permanent room identification signs to have letters and numbers raised 1/32" in sans serif or simple serif type and be accompanied by Grade 2 Braille.

The mirror is mounted with the bottom of its reflecting surface at 41 ¼" AFF. See §4.19.6 which requires it to be no higher than 40" AFF.

The visual alarm signal appliance is mounted 74" above the highest floor level in the toilet room and 16" below the ceiling contrary to §4.28.3 which requires it to be placed 80" above the highest floor level within the space or 6" below the ceiling, whichever is lower.

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7. Elevator
The emergency two-way communication system in the elevator cab is located in a closed compartment. The door to this compartment requires tight grasping and pinching and more than five pounds of force to open contrary to §§4.10.14 and 4.27.4.
The requirement of §4.10.14 that the emergency intercommunication system shall not require voice communication appears not to be met by this elevator. During the site visit on July 23, 2007, the telephone receiver located in the closed compartment rang for at least fifteen rings but was never answered. Therefore, it could not be ascertained if the communication system requires that the stranded passenger be able to speak. Indeed, the non-response suggests that there is no system in place to respond to an emergency in this elevator.
8. Storage Lockers in Fitness Room
The shelves and hooks on the inside of the lockers are too high for a person seated in a wheelchair to reach. The hook is 57" AFF and the shelf is 62" AFF. See Figs. 5 and 6 and §§4.2.5 and 4.2.6. See also §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §§4.2.5 and 4.2.6.
9. Pay Phone
The coin slot for the only pay phone is 56 ½" AFF contrary to §4.31.3 which requiresthe highest operable part of the telephone to be within the reach ranges specified in §§4.2.5 or 4.2.6. The highest of those reach ranges is 54" AFF which is specified as the maximum high side reach allowed.
This phone also does not have a volume control contrary to §4.1.3 (17) (b) which requires that all telephones required to be accessible be equipped with a volume control.
10. Kitchen on Level Two
During the site visit on July 23, 2007 we were told that one meal per day is delivered from the D.C. Central Kitchen and distributed in the kitchens/dining rooms on each of the two levels of the 801 East Shelter. For other meals residents of Level Two participating in a six month long rehabilitation program may store and cook food themselves in a small kitchen/dining room on Level Two.

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The sink in this kitchen/dining room on Level Two is mounted with its rim 36" AFF contrary to §4.24.2 which requires sinks to be mounted with their rims no higher than 34" AFF.
The sink in this kitchen/dining room on Level Two does not have knee space under it contrary to §4.24.3. See §4.24.3 which requires that knee clearance that is at least 27" high x 30" wide x 19" deep be provided under accessible sinks.
11. Storage Lockers Provided in Sleeping Areas
Lockers are provided for the secure storage of residents' personal possessions. The traditional twist-type combination locks require tight grasping, pinching and twisting of the wrist contrary to §§4.25.4 and 4.27.4 which require that hardware for accessible storage facilities be operable with one hand and not require tight grasping, pinching or twisting of the wrist.
The storage areas on the inside of the lockers are too high or low for a person seated in a wheelchair to reach. See Figs. 5 and 6 and §§4.2.5 and 4.2.6. See also §4.25.3 which requires that accessible storage spaces be within at least one of the reach ranges specified in §§4.2.5 and 4.2.6.

D. House of Ruth Shelter [Domestic Violence Shelter: Address Confidential] Residents: Women and Children Surveyed: October 29, 2007

1. No Accessible Entrance

At least 50% of the public entrances shall be connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, and to public streets or sidewalks if available (see §§4.3.2(1)) and 4.14). Both the front entrance facing the street and the rear entrance have unramped exterior steps up to the entrance door - a set of nine steps at the street front entrance and six steps at the rear entrance door. When one enters the front entrance facing the street after climbing the nine exterior iron stairs there is also one unramped step up to the entrance doorway. The front entrance door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

There is also a threshold that is higher than ½" high and not beveled at the front entrance door. See §4.13.8 which requires thresholds to be no higher than ½" and

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to be beveled at 1:2 maximum if higher than ¼".

2. No Accessible Route to Sleeping Areas or to all Common Use Amenities

The design of the house in which the House of Ruth Shelter is housed is inaccessible. When one enters the front entrance facing the street (which is up a flight of nine stairs) there is also one unramped step up to the entrance doorway and then a flight of stairs down to the ground level and two flights of stairs up to the two floors housing the bedrooms and bathrooms.

The laundry room, pay phone and children's play room are on the ground floor level which is down a flight of stairs from the entrance level. There is no accessible route connecting the ground floor level, the main level and the two levels above the upper main level. See §4.3.8 and 4.5.2 of the Standards - an accessible route does not include steps or stairs.

3. Bath Room on First Floor above the Front Entrance Level Facing the Street

This single - user toilet room is entered through a narrow door with a knob. The door provides less than 32" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

The door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The top of the toilet seat of the only toilet in this room is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

There are no grab bars at the side or rear of the only toilet in this toilet room contrary to §4.16.4 and Fig. 29. The toilet is located beside the lavatory so is not beside a wall to which the required side grab bar could be mounted.

The toilet paper dispenser is located on the wall behind the toilet contrary to §4.16.6 and Fig. 29 (b).

The only lavatory in this room is in a vanity cabinet so does not provide the knee space under it required for a front approach by a person using a wheelchair for mobility contrary to §§4.19.2 and 4.19.3.

No in-tub seat is provided in the bath tub nor is there a seat at the head end of the

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tub as required by §4.20.3 and Fig. 33.

There are no grab bars mounted on the walls at the side, foot and head of the tub as required by §4.20.4 and Fig. 34.

The shower spray unit in the bath tub does not have a hose and it cannot be used both as a fixed head and as a hand-held shower as required by §4.20.6 and Fig. 34. It is a fixed shower head only.

The faucets on the bath tub require tight grasping, pinching and twisting of the wrist contrary to §§4.20.5 and 4.27.4.

4. Toilet Room on Ground Level

This single - user toilet room is entered through a narrow door with a knob. Knob hardware requires tight grasping and twisting of the wrist contrary to §4.13.9.

The door provides less than 32" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop. The pull side maneuvering clearance at the bathroom door is less than the required minimum 18" wide x 60" long contrary to §4.13.6 and Fig. 25.

There is also an unramped step up at the entrance to this bathroom contrary to §§4.22.1 and 4.3.8.

The top of the toilet seat of the only toilet in this room is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

There are no grab bars at the side or rear of the only toilet in this toilet room contrary to §4.16.4 and Fig. 29. The toilet is located beside the lavatory so is not beside a wall to which the required side grab bar could be mounted.

The toilet paper dispenser is located on the far wall opposite the toilet contrary to §4.16.6 and Fig. 29 (b).

The only lavatory in this room is located in a vanity cabinet so does not provide the knee space under it required for a front approach by a person using a wheelchair for mobility contrary to §§4.19.2 and 4.19.3.

The faucets on the only lavatory in this room require tight grasping and twisting of

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the wrist contrary to §4.19.5.
The mirror is mounted too high for a person using a wheelchair for mobility to be able to use. The bottom of the reflecting surface is mounted 44" AFF contrary to §4.19.6.
5. Doors with Hardware that Requires Tight Grasping and Twisting of the Wrist
The rear doors from the Play Room and from the Kitchen have knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.
6. Laundry Room, Children's Play Room and Pay Phone
There is no accessible route to the only laundry room provided for residents to use to wash their clothes. Not only is this laundry room on the ground level (which is down a flight of steps from the entrance level) but there is also the only playroom for the children residing at House of Ruth on the ground floor level. The only pay phone is also on this ground floor level which is down an unramped flight of stairs.
7. Door en route to the Laundry Room
There is no accessible route to the laundry room which is on the ground level. The room containing the washer and dryer is entered through a narrow door with a knob. The door provides less than 32" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.
There is also a threshold that is about 2" high and not beveled at the door to the Laundry Room. See §4.13.8 which requires thresholds to be no higher than ½" and to be beveled at 1:2 maximum if higher than ¼".
8. Hazards to Persons who are Blind or have Low Vision
There is a coat rack with hooks protruding out more than 4" between 27" and 80" AFF contrary to §4.4.1 and Fig. 8 (a).

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E. My Sister’s Place Shelter [Domestic Violence Shelter: Address Confidential] Residents: Women and Children Surveyed: July 25, 2007

1. No Accessible Entrance

At least 50% of the public entrances shall be connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, and to public streets or sidewalks if available (see §§4.3.2(1)) and 4.14). The main entrance at the side of the house has five unramped exterior steps up to the entrance door. The side entrance door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

There is also a threshold that is higher than ½" high and not beveled at the front entrance door. See §4.13.8 which requires thresholds to be no higher than ½" and to be beveled at 1:2 maximum if higher than ¼".

2. Parking Lot

The parking lot at the rear of My Sister's Place Shelter does not contain any accessible parking spaces. See §4.1.2 (5) which requires that if parking spaces are provided for employees or visitors, or both, then accessible spaces complying with §4.6 shall be provided in each such parking area in conformance with the chart set out in §4.1.2 (5) (a). The striping for the parking spaces in this lot is faded but would appear to contain approximately three parking spaces.

3. No Accessible Route from Parking Lot to an Accessible Building Entrance

Section 4.3.2 (1) requires at least one accessible route within the boundary of the site to be provided from public transportation stops, accessible parking, and accessible passenger loading zones and public streets or sidewalks to an accessible building entrance. The accessible route must, to the maximum extent feasible, coincide with the route for the general public. There is no accessible route from the parking lot to an accessible entrance. The route from the parking lot to the side entrance has the five steps up to the side door noted above. Directly from the parking area there is a gate that leads through the back yard to a wooden ramp to a side door on the opposite side of the house from the side entrance with the five steps. However, this ramp is in disrepair and could be a safety hazard to anyone using it. One of the sides of the ramp is falling away from the rest of the structure and several of the wooden planks on the traveled portion of the ramp appear to be

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badly damaged. There are no handrails on the ramp contrary to §4.8.5. The sides of the ramps are composed of pickets but they are in such disrepair that they do not provide the edge protection required by §4.8.7.

The door at the top of this ramp does not provide the maneuvering clearance required by §4.13.6 and Fig. 25 for a latch side approach door. The door hardware is a knob which requires tight grasping, pinching and twisting of the wrist contrary to §4.13.9.

4. No Accessible Route to Sleeping Areas or to all Common Use Amenities The design of the house in which the My Sister's Place Shelter is housed is inaccessible. There are flights of stairs up to the floors housing the bedrooms and bathrooms.

The laundry room and children's play room are on the basement level which is down a flight of stairs from the entrance level. There is no accessible route connecting the basement level and the upper levels. See §4.3.8 and 4.5.2 of the Standards - an accessible route does not include steps or stairs. There is also a small bathroom on the basement level.

5. Bath Room on the Basement Level

This single - user toilet room is entered through a narrow door with a knob. The door provides less than 32" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

The door has knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

This bathroom does not provide the turning radius or clear floor space at fixtures required by §4.22.3.

The top of the toilet seat of the only toilet in this room is lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

There are no grab bars at the side or rear of the only toilet in this toilet room contrary to §4.16.4 and Fig. 29. The toilet is located beside the lavatory so is not beside a wall to which the required side grab bar could be mounted.

The toilet paper dispenser is located on the wall behind the toilet contrary to

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§4.16.6 and Fig. 29 (b).

The only lavatory in this room is in a vanity cabinet so does not provide the knee space under it required for a front approach by a person using a wheelchair for mobility contrary to §§4.19.2 and 4.19.3.

The faucets on the lavatory require tight grasping, pinching and twisting of the wrist contrary to §§4.20.5 and 4.27.4.

No in-tub seat is shown in the bath tub nor is there a seat at the head end of the tub as required by §4.20.3 and Fig. 33.

There are no grab bars mounted on the walls at the side, foot and head of the tub as required by §4.20.4 and Fig. 34.

The shower spray unit in the bath tub does not have a hose and it cannot be used both as a fixed head and as a hand-held shower as required by §4.20.6 and Fig. 34. It is a fixed shower head only.

The faucets on the bath tub require tight grasping, pinching and twisting of the wrist contrary to §§4.20.5 and 4.27.4.

6. Bath Rooms on the Upper Levels

Each bath room is entered through a narrow door with a knob. The doors provide less than 32" of clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. See §4.13.5 which requires that doors have a minimum clear opening of 32" with the door open 90 degrees, measured between the face of the door and the opposite stop.

The doors have knob hardware that requires tight grasping and twisting of the wrist contrary to §4.13.9.

The tops of the toilet seats are lower than the 17" to 19" AFF required for an accessible toilet by §4.16.3.

Except for the bath room with the shower stall which has one side grab bar there are no grab bars at the side or rear of the toilets contrary to §4.16.4 and Fig. 29.

The only lavatories are either in a vanity cabinet or are pedestal lavatories so do not provide the knee space under the lavatory required for a front approach by a person using a wheelchair for mobility contrary to §§4.19.2 and 4.19.3.

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The faucets on the lavatories require tight grasping, pinching and twisting of the wrist contrary to §§4.20.5 and 4.27.4.
No in-tub seat is provided in the bath tub nor is there a seat at the head end of the tub as required by §4.20.3 and Fig. 33.
There are no grab bars mounted on the walls at the side, foot and head of the tub as required by §4.20.4 and Fig. 34. Nor are there grab bars in the shower stall contrary to §4.21.4 and Fig. 37.
The shower spray unit in the bath tub does not have a hose and it cannot be used both as a fixed head and as a hand-held shower as required by §4.20.6 and Fig. 34. It is a fixed shower head only. The shower spray unit in the shower stall is also only a fixed shower head contrary to §4.21.6 and Fig. 37.
The faucets on the bath tub require tight grasping, pinching and twisting of the wrist contrary to §§4.20.5 and 4.27.4.
7. Doors with Hardware that Requires Tight Grasping, Pinching and Twisting of the Wrist
All interior doors have knob hardware that requires tight grasping, pinching and twisting of the wrist contrary to §4.13.9.
8. Hazards to Persons who are Blind or have Low Vision
There is a wooden box housing the thermostat protruding out more than 4" between 27" and 80" AFF contrary to §4.4.1 and Fig. 8 (a).
9. Pay Phone
The pay phone is located in a corner so does not provide either front or side clear floor space contrary to §4.31.2 and Fig. 44.

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