Los Angeles Settles Accessibility Lawsuit for $38.2 Million

The city of Los Angeles has agreed to pay $38.2 million to settle a lawsuit filed in 2017 alleging that it falsely claimed compliance with federal accessibility requirements for affordable housing units built with federal funds. The settlement, announced on Tuesday, resolves a complaint filed by the U.S. Department of Justice on behalf of Mei Ling, a wheelchair user, and the Fair Housing Council of San Fernando Valley.

The lawsuit accused Los Angeles of failing to make its multifamily affordable housing options accessible to people with disabilities for at least six years. Specific issues cited included excessively steep slopes, counters that were too high, and entryways that did not permit wheelchair access. Additionally, the city was charged with failing to maintain a publicly available list of accessible units and their features.

Mei Ling, 57, has used a wheelchair since 2006 and has experienced homelessness or lived in housing without necessary accessibility features, according to the lawsuit. Her case highlights the real-world impact of the city’s alleged non-compliance on individuals with disabilities seeking affordable housing.

Federal Obligations and Misrepresentation

The legal action stemmed from the city’s obligations under federal law when receiving grant funds from the U.S. Department of Housing and Urban Development (HUD) for building and rehabilitating affordable multifamily housing. These requirements mandate that 5% of units in certain types of federally assisted housing be accessible for people with mobility impairments and an additional 2% be accessible for those with visual and auditory impairments.

In the six years leading up to the 2017 lawsuit, Los Angeles received nearly $1 billion in various funds from HUD, which were used for at least 28 multifamily housing projects. The plaintiffs alleged that none of these projects contained the minimum number of accessible units required by law.

The lawsuit also accused the city of violating the False Claims Act by “knowingly and falsely” certifying to HUD that it complied with accessibility requirements. This misrepresentation allegedly caused HUD and the public to believe that Los Angeles was fulfilling all federal obligations related to the receipt of housing and community development funds.

Settlement and Future Implications

Los Angeles City Attorney Hydee Feldstein Soto stated in an email that while the city denies violating the False Claims Act, they are “pleased to have reached this $38.2 million settlement, particularly in light of the federal government’s initial claim that it was entitled to well over $1 billion in alleged damages.”

The settlement amount will be shared between Mei Ling and the Fair Housing Council of San Fernando Valley, though the exact distribution has not been determined.

This is not the first time Los Angeles has faced legal action over accessibility issues in federally funded housing. In 2016, the city settled a similar lawsuit, indicating a pattern of challenges in meeting federal accessibility standards.

The case underscores the ongoing struggle for adequate, accessible housing in major urban areas and the importance of strict adherence to federal accessibility laws. It also highlights the potential consequences for municipalities that fail to comply with these regulations or misrepresent their compliance status.

As cities across the nation grapple with affordable housing shortages, this settlement serves as a reminder of the critical need to ensure that such housing is accessible to all residents, including those with disabilities. The outcome of this lawsuit may prompt other municipalities to review and strengthen their compliance with federal accessibility requirements in federally funded housing projects.

Moving forward, it remains to be seen how Los Angeles will address these issues and improve its affordable housing accessibility to prevent similar legal challenges in the future. The settlement marks a significant step toward accountability, but the real measure of success will be in the tangible improvements made to the city’s affordable housing landscape for residents with disabilities.