Handicap Accessibility Survey Project

Memphis Area Legal Services (MALS) - 020101

Abstract Number: 020101

January 2003

Memphis Area Legal Services developed the Handicap Accessibility Survey project to determine the severity of non-compliance with the Federal Fair Housing Act, which gives persons with disabilities greater freedom to choose where they live and greater freedom to visit friends and relatives. Yet, the design and construction of multifamily dwellings do not fully comply with accessibility standards.

Disabled persons in the Memphis community face significant barriers in trying to obtain decent, safe and affordable housing for two reasons: there is a limited supply of housing units designated for the physically disabled and there is a documented history of local apartment complexes failing to comply with accessibility requirements. The negative impact of these barriers is increased when combined with the growing population of persons with disabilities.

MALS partnered with the Memphis Center for Independent Living (MCIL) in 1999 and surveyed twenty-six covered dwellings built for first occupancy after March 1991. The purposes of this project were to examine complexes in the Memphis area for compliance with the first two design requirements of the 1988 Fair Housing Act, to initiate actions that would remove architectural barriers, and to promote compliance with applicable laws. The Survey examined numerous features regarding accessible building entrances on accessible routes and usable public and common use areas.

As a visible advocacy and action agency in the disabled community, the MCIL was uniquely positioned to perform the inspections that focused on features found in common areas, such as parking lots, recreation areas, and postal facilities. Results were obtained through visual observations of the property and the completion of questionnaires.

The survey reviewed 6,662 units, of which 2899 were determined to be "covered" units which are defined by the Act as: (1) those buildings consisting of four or more units with one or more elevators and (2) ground floor units in other buildings having four or more units. The four most common barriers were ramps, width, slope and access aisles, which account for 67% of the total barriers identified.

Among other violations, large numbers of units were totally inaccessible because of barriers such as steps or ledges. Ramps, where they existed, were often too steep or too narrow. As a result of the survey, twenty-two administrative complaints were filed with the U. S. Department of Housing and Urban Development. In addition, a federal lawsuit was filed by MALS on behalf of the MCIL against the most serious violators. Approximately thirty defendants were named in the lawsuit. The U. S. Justice Department intervened in the lawsuit in October 2001, naming additional defendants. The parties are currently engaging in settlement negotiations regarding plans to retrofit the complexes, which includes exterior walkways and public areas, and establishing a fund to compensate individuals who were improperly denied access.

The success of this project will have a far-reaching effect on the design and construction of covered multifamily dwellings in the Memphis community and will provide access to housing choice for persons with disabilities. To learn more about this project, view the Accessibility Survey below as a PDF document. Additional copies can be downloaded at www.mcil.org.

Contact Information:

Webb A. Brewer
Memphis Area Legal Services
109 North Main, 2nd Floor
Memphis, TN 38103
Phone: (901) 523-8822 ext.257
Fax: (901) 529-8706
wbrewer@malsi.org

Additional Information:

• Accessibility Survey ( 330k)

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