SETTLEMENT AGREEMENT
UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)
BETWEEN
THE UNITED STATES OF AMERICA
AND
NINETEEN PROPERTY OWNERS

The United States Depart of Justice (DOJ) announced a Settlement Agreement with nineteen (19) property owners regarding compliance with Title III of the Americans with Disabilities Act (ADA). These Nineteen Property Owners (19PO) are all managed by companies that are managed by J.C. Reger Interests, Inc., doing business as JCR Companies.

The 19PO are subject to Title III because they are private entities that lease to places of public accommodation. Private entities that own or lease to public accommodations are required, when making alterations to facilities or parts of facilities, to make alterations readily accessible to and usable by individuals with disabilities, to the maximum extent feasible. The status of the 19PO are shown below.

• Hillwood SRR 1324 14th Street, LLC owns the property at 1324 14th Street N.W., Washington, DC (Property 1324), and leases it to a private entity, which will operate a restaurant at that location that affects commerce and is therefore a place of public accommodation. Before being altered, Property 1324 had a five-inch step abutting the front entrance. The Department’s survey of the exterior of the building shows that when Property 1324 was altered a large cement landing was installed abutting the front entrance, which extended the step outward but retained the five-inch change in level. This five-inch change in level prevents individuals who use wheelchairs or have other mobility disabilities from entering Property 1324. The Department’s survey shows that there is sufficient space to install an accessible ramp and landing to address the five-inch change in level. Property 1324 was not altered to be readily accessible to and usable by individuals with disabilities, to the maximum extent feasible.

• 1526 14th Street Investors, LLC, owns the property at 1526 14th Street N.W., Washington, DC (Property 1526), and leases it to a private entity, which operates a sales establishment at that location that affects commerce and is therefore a place of public accommodation. The Department’s survey of the exterior of the building shows that when Property 1526 was altered, recessed doors were installed, with resulting insufficient maneuvering clearance on the front approach to the pull side of the door. This insufficient maneuvering clearance prevents individuals who use wheelchairs or have other mobility disabilities from entering Property 1526. The Department’s survey shows that an automatic opener can be installed to address the insufficient maneuvering clearance. Property 1526 was not altered to be readily accessible to and usable by individuals with disabilities, to the maximum extent feasible.

• 1529 14th Street Investors, LLC, owns the property at 1529B 14th Street N.W., Washington, DC (Property 1529B), and leases it to a private entity, which operates a service establishment at that location that affects commerce and is therefore a place of public accommodation. Property 1529B was altered in its entirety (except for the façade of the building) after January 26, 1993, and before March 15, 2012. Before being altered, Property 1529B was a stone façade in front of an empty lot, with no windows or doors. The Department’s review of architectural plans and other information provided by JCR Companies and a survey of the exterior of the building shows that when Property 1529B was altered, a door was constructed with a five-inch change in level and insufficient maneuvering clearance on the front approach to the pull side of the door. This five-inch change in level and insufficient maneuvering clearance prevented individuals who use wheelchairs or have other mobility disabilities from entering Property 1529B. In 2019, the City made alterations to the sidewalk outside of Property 1529B, including the addition of a ramp to the entrance of Property 1529B, which remedied the change in level. The insufficient maneuvering clearance at the entrance remains. The Department’s survey shows that an automatic opener can be installed to address the insufficient maneuvering clearance. Property 1529B was not altered to be readily accessible to and usable by individuals with disabilities, to the maximum extent feasible.

• The remaining companies/locations will, by December 31, 2021, be inspected by an independent licensed architect, to determine each facility’s compliance with the 1991 Standards and/or 2010 Standards, as applicable, based on when each facility was constructed or altered, and provide each survey to the United States. If any of those facilities or parts of facilities have been altered or newly constructed since January 29, 1993, surveys for such facilities must include proposed remedies for each non-compliant element to make that element compliant with the 2010 ADA Standards. If facilities have not been newly constructed or altered, and are existing facilities, then that facility will be surveyed for architectural barriers and access where such removal is “readily achievable”.

By December 31, 2022, each Property Owner will complete all necessary architectural changes to remediate non-compliance with the applicable Standard to make each altered facility accessible to and usable by individuals with disabilities, and to remove architectural barriers at each non-altered facility where readily achievable. All remediation shall be done in compliance with the 2010 ADA Standards.

On or before December 31, 2022, each of the 19PO shall certify to the United States that it has completed its obligations under this Agreement in the form of a narrative report and photos showing all remediation completed by the Property Owner.

SUMMARY: These companies/facilities and JCR Companies could have avoided this evaluation and settlement process by taking proactive steps to comply with the 2010 ADA Standards at these managed properties. Property Managers have a responsibility to advise their clients/tenants about the requirements of the ADA and to maintain their managed properties in compliance with the ADA.

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If you observe a facility that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for facility owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.