The city of Los Angeles has agreed to a $38.2 million settlement following a lawsuit that revealed the city falsely claimed its federally funded multifamily affordable housing units were accessible to people with disabilities.
Background of the Lawsuit
The lawsuit was filed in 2017 by the U.S. Department of Justice on behalf of Mei Ling, a Los Angeles resident who uses a wheelchair, and the Fair Housing Council of San Fernando Valley, a disability rights advocacy group. Ling, 57, has been homeless or living in inaccessible housing since 2006 due to the city’s failure to provide adequate accessible options.
According to the lawsuit, for at least six years, the city of LA failed to ensure that its affordable housing projects were accessible to individuals with disabilities. Issues included steep slopes, high counters, and entryways that were not wheelchair-accessible.
Violation of Federal Accessibility Requirements
The lawsuit alleged that the city not only failed to meet the required accessibility standards but also “knowingly and falsely certified” to the U.S. Department of Housing and Urban Development (HUD) that it was in compliance with these federal obligations. This false certification violated the False Claims Act, the lawsuit stated.
Under federal accessibility laws, local governments that receive HUD funds for building and rehabilitating affordable housing must ensure that 5% of units are accessible for people with mobility impairments and another 2% for those with visual and auditory impairments. They are also required to maintain a publicly available list of accessible units and their features.
Settlement Details
Los Angeles city attorney Hydee Feldstein Soto responded to the settlement, stating that the city denies violating the False Claims Act but is pleased with the resolution, especially considering the federal government’s initial demand for over $1 billion in damages.
In the six years leading up to the lawsuit, LA received nearly a billion dollars in federal funds for at least 28 multifamily housing projects. The lawsuit claimed that none of these projects met the minimum accessibility requirements.
This settlement comes after a similar lawsuit in 2016, where the city also faced allegations of failing to comply with federal accessibility laws in its housing projects.
Impact and Future Compliance
As part of the settlement, the city of Los Angeles will not only pay the $38.2 million but also take steps to ensure future compliance with federal accessibility standards. The settlement highlights the ongoing challenges cities face in meeting accessibility requirements and the importance of maintaining transparency in the use of federal funds.
