HUD Approves $115,000 Settlement with the City and County of Denver, Colorado, Resolving Claim of Disability Discrimination

The settlement will result in the creation of reasonable accommodations policy and guidelines, and commitments on tracking and training.

WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) announced today that it has entered into a Voluntary Compliance Agreement / Conciliation Agreement (“the Agreement”) with HUD grantees, the City and County of Denver, Denver’s Office of Community Planning and Development, and Denver’s Board of Adjustments. This Agreement resolves the findings identified in the Preliminary Letter of Findings and the Revised Formal Determination of Noncompliance related to Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and resolves the remaining allegations of violations under Title VI of the Civil Rights Act of 1964, Section 109 of Title I of the Housing and Community Development Act of 1974, and the Fair Housing Act. Read the Agreement, the Letter of Findings of Noncompliance, and the Revised Formal Determination of Noncompliance.

The Agreement resolves allegations that the Respondents violated the Fair Housing Act and were in noncompliance with Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act (ADA), Section 109 of the Housing and Community Development Act of 1974, and Title VI of the Civil Rights Act of 1964, by denying a Denver, Colorado, household a variance to the Denver Zoning Code in order to construct an Accessory Dwelling Unit (ADU) to meet the disability-related needs of a household member. Federal nondiscrimination laws prohibit disability discrimination against homeowners without disabilities who live or are associated with individuals with disabilities.

“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. “Under the leadership of the Biden-Harris Administration, HUD is committed to ensuring that federal funding recipients comply with our nation’s fair housing laws.”

The agreement stems from a complaint that was filed by a same-sex, mixed race couple who applied to the City of Denver (“the City”) for a variance to the City’s accessory dwelling unit (ADU) zoning code to construct an ADU with necessary accessibility features. These accessibility features were a reasonable accommodation 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 conducted an investigation and issued a Letter of Findings on September 30, 2022, which found that the Respondents were in noncompliance with Section 504 and the ADA with respect to the City’s zoning processes. HUD found that the City violated its obligations under Section 504 and the ADA as follows: The City failed to provide a reasonable accommodation to the Complainants and the City lacked sufficient mechanisms to ensure compliance with its obligations to provide reasonable accommodations, resulting in discrimination against individuals with disabilities under Section 504 and the ADA.

Under the terms of the agreement, the Respondents will pay $115,000 to the Complainants. The Respondents will also create a reasonable accommodation policy and guidelines within the City of Denver’s Office of Community Planning and Development, including tracking reasonable accommodations requests, and complete training requirements. As a result of the complaint, during the investigation the City revised the City of Denver’s Zoning Code, which required a ballot initiative to amend the City of Denver’s Charter to change the Zoning Code to comply with the Fair Housing Act, Section 504, and the ADA.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.