The U.S. Department of Housing and Urban Development (HUD) entered into a Voluntary Compliance Agreement / Conciliation Agreement with city and county agencies in Denver to resolve charges of discrimination related to a refusal to accommodate a household with a disabled resident.
The agreement stems from a complaint that was filed by a same-sex, mixed race couple who applied to the City of Denver for a variance to the local dwelling unit (ADU) zoning code to construct an ADU with necessary accessibility features. These accessibility features were meant for the disabled mother of one of the complainants.
In addition to the alleged disability discrimination, the complaint also alleged that the city’s reasonable accommodation request denial was based on the complainants’ race and sexual orientation. HUD determined the city fell short of compliance with the Fair Housing Act and the Americans with Disabilities Act by not providing the ADU zoning code variance in this case.
Under the terms of the agreement, the complainants will receive $115,000 and the city will create a reasonable accommodation policy and guidelines that includes the ability to track reasonable accommodations requests and complete training requirements.
The respondents in the case were the City and County of Denver, Denver’s Office of Community Planning and Development, and Denver’s Board of Adjustments.
“Local governments are required to make reasonable accommodations to zoning laws and other land use regulations to ensure people with disabilities have equal access to housing,” said Diane M. Shelley, HUD’s principal deputy assistant secretary for fair housing and equal opportunity, adding that her department “is committed to ensuring that federal funding recipients comply with our nation’s fair housing laws.”
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