The U.S. Department of Housing and Urban Development (HUD) has reached a settlement agreement with the City and County of Denver, Colorado, resolving allegations of disability discrimination. The $115,000 settlement addresses claims that the city violated federal nondiscrimination laws by denying a household's request for a zoning variance to construct an Accessory Dwelling Unit (ADU) for a disabled family member.
The Voluntary Compliance Agreement involves HUD grantees including Denver’s Office of Community Planning and Development and Denver’s Board of Adjustments. It resolves issues identified in previous findings regarding Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, 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.
Diane M. Shelley, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity stated: “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.” She emphasized HUD's commitment under the Biden-Harris Administration to enforce compliance with fair housing laws.
The complaint originated from a same-sex mixed-race couple who were denied a variance by Denver to build an ADU equipped with accessibility features for one complainant's disabled mother. Allegations included discrimination based on disability, race, and sexual orientation.
HUD's investigation concluded that Denver was noncompliant with its obligations under Section 504 and ADA in its zoning processes. The city was found lacking mechanisms for ensuring reasonable accommodations leading to discriminatory practices against individuals with disabilities.
As part of the agreement terms, beyond monetary compensation to complainants, Denver is tasked with establishing reasonable accommodation policies within its Office of Community Planning and Development. This includes tracking requests for such accommodations and fulfilling training requirements.
Additionally, as a result of this complaint, amendments were made to Denver’s Zoning Code through a ballot initiative aligning it with federal fair housing laws.
HUD encourages those who believe they are victims of housing discrimination to contact them at (800) 669-9777 or via TTY at 800-927-9275. More information is available on their website www.hud.gov/fairhousing. Assistance is also provided for persons with limited English proficiency or hearing impairments through the Federal Relay Service at (800) 877-8339.
