VOLUNTARY COMPLIANCE AGREEMENT
between
THE UNITED STATES OF AMERICA
and
OMNI HOTELS MANAGEMENT CORPORATION

WHEREAS, the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181 et seq., provides, among other things, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation,” 42 U.S.C. § 12182 (a). The term “public accommodation” under the ADA includes “an inn, hotel, motel, or other place of lodging,” 42 U.S.C. § 12181 (7)(A), and the ADA authorizes the United States Department of Justice to “undertake periodic reviews of compliance of covered entities,” 42 U.S.C. § 12188 (b)(1)(A)(i).

WHEREAS, in September 2011, pursuant to its authority under 42 U.S.C. § 12188 (b)(1)(A)(i), the United States Attorney's Office for the District of Connecticut (the “United States”) commenced a limited review of certain hotels in Connecticut to determine whether these hotels, with respect to the specific areas reviewed, were operating in compliance with Title III of the ADA (the “Compliance Review”). As part of the Compliance Review, the United States requested information from the Omni New Haven at Yale (the “Hotel”), and in September 2013, the United States conducted a limited inspection of certain features and facilities within the Hotel, and met with representatives of the Hotel. The Hotel is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7) because, among other things, it is “an inn, hotel, motel, or other place of lodging.” 42 U.S.C. § 12181(7) (A); see also 28 C.F.R. § 36.104 (defining an “inn, hotel, or motel” as a “place of lodging”).

WHEREAS, the United States and the Hotel share the goal of resolving the Compliance Review and ensuring that the Hotel operates in compliance with Title III of the ADA. In light of the actions taken by the Hotel to date to comply with the ADA, the actions taken by the Hotel during the period of the Compliance Review, and the actions that the Hotel has agreed to take within the next two years as set forth in this agreement (the “Agreement”), the United States has decided to take no further enforcement action at this time with respect to the Hotel as a result of this Compliance Review.

NOW, THEREFORE, IT IS HEREBY AGREED, BY AND BETWEEN THE UNITED STATES AND THE HOTEL:

I. DEFINITIONS

For purposes of this Agreement, the term “Standards” means the 2010 ADA Standards for Accessible Design. See 28 CFR § 36.104 (defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 CFR part 1191 and the requirements contained in subpart D of 28 CFR part 36).
For purposes of this Agreement, the term “accessible” means in compliance with the Standards.
The Hotel is deemed an existing facility under Title III of the ADA because it was built before 26 January 1993. As an existing facility, its accessibility is determined with reference to the ADA 1991 Standards for Accessible Design, 28 C.F.R. Part 36, Appendix D. Elements found compliant with the 1991 Standards, or that were not required to be modified by the ADA or its implementing regulations or standards, need not be modified for compliance with the ADA 2010 Standards unless they are altered at some future date, and then only if it is readily achievable to comply with the 2010 Standards or otherwise required under the ADA or its implementing regulations.

II. DISPERSAL OF ACCESSIBLE UNITS, SLEEPING ROOMS, and SUITES

To provide persons with disabilities a range of options equivalent to the options available to other persons served by the hotel, the Standards obligate hotels to disperse their accessible rooms among the various classes of guest rooms available. Standards § 224.5. Factors to be considered include room size, cost, amenities provided, and the number of beds provided. Id. Currently the Hotel has fourteen (14) designated ADA rooms for the mobility and hearing impaired all in the Queen Bed class with one bed. However, the Hotel also offers other persons the option of a Standard room with two beds, Standard room with one bed, Business room with one bed (King Size), Parlor room with fold down bed, or Presidential Suite. Several of the accessible guest rooms connect to another hotel room, therefore providing access to multiple room sizes and multiple beds. To increase accessibility for persons with disabilities, the Hotel agrees that the Hotel shall within three (3) months of the effective date of this Agreement:

Implement a policy and provide at least two (2) designated, mobility accessible two-bedded guestrooms. In order to accomplish this, the Hotel may provide disabled guests who request an accessible room with two beds both the ADA designated room and an adjoining room with one Queen Bed or King Bed at the same price as the Standard room with two beds.
As an alternative to 4.a., above, the Hotel may at any time, in its sole discretion, create two (2) ADA designated rooms with two Queen beds.

III. ROOMS ACCESSIBLE TO PERSONS WITH HEARING IMPAIRMENTS

Currently, all fourteen (14) of the designated mobility accessible rooms are equipped with communication devices for persons with hearing impairments. The Hotel also has available two (2) portable hearing accessory kits. As a public accommodation with three hundred six (306) guest rooms, the Standards requires that at least twenty (20) guestrooms have communication features. Standards § 224.4. The Hotel shall acquire four (4) additional portable hearing accessory kits, making for a total of twenty (20) guestrooms with communication features.

IV. DESIGNATED ACCESSIBLE GUESTROOMS

The Hotel shall make the following alterations to Guestrooms 406, 506, 606, and 706 to bring them into compliance with the Standards:
1. The closet rod and shelf are mounted seventy inches (70”) and seventy-three inches (73”) respectively above the floor. Provide a closet rod and shelf such that there is an unobstructed side reach height of at most forty-eight inches (48”) above the floor. §§ 308.2.1, 308.3.1.
2. Bathroom, general:
3. Shower:
The Hotel shall make the following alterations to eight of the following Guestrooms: 806, 906, 1006, 1106, 1206, 1406, 1506, 1606, 1706 and 1806 to bring it into compliance with the Standards:

The clear floor space between the bed and the inside wall is nine inches (9”) wide. A clear floor space thirty inches (30”) minimum by forty-eight inches (48”) minimum positioned for parallel approach shall be provided on both sides of the bed. §§ 806.2.3, 305.3.
The closet rod and shelf are mounted seventy inches (70”) and seventy-three inches (73”) respectively above the floor. Provide a closet rod and shelf such that there is an unobstructed side reach height of at most forty-eight inches (48”) above the floor. §§ 308.2.1, 308.3.1.
The path of travel to the drapery wands/controls is obstructed by furniture. At least one accessible route shall connect all accessible spaces and elements within the building which are otherwise connected by a circulation path. § 206.2.4.
Bathroom, general:

Insulate or otherwise reconfigure the water supply and drain pipes under the lavatory counter to protect against contact. Ensure that there are no sharp or abrasive surfaces under lavatories. § 606.5.
The built-in wall shelf holding toiletries is located beyond reach range limits. The unobstructed forward and side reach height shall be at most forty-eight inches (48”) above the floor. §§ 308.2.1, 308.3.1.

Bathtub:
1. No permanent or secured seat is provided. Provide a removable in-tub seat between seventeen inches (17”) and nineteen inches (19”) high above the finished floor, between fifteen inches (15”) and sixteen inches (16”) deep, and capable of secure placement. §§ 607.3, 610.2.
2. The rear grab bars are mounted away from the control end of the tub. Each back wall grab bar shall be twenty-four inches (24”) long minimum and shall be installed twelve inches (12”) maximum away from the control end wall. § 607.4.2.1.

V. REGISTRATION CORNER

Currently, the brochure display is located beyond reach range limits. The Hotel shall provide unobstructed forward and side reach between forty-eight inches (48”) maximum and fifteen inches (15”) minimum above the floor. §§ 308.2.1, 308.3.1.

VI. LOBBY AREA BATHROOMS

During the on-site survey, the public restrooms for men and women located in the lobby and Mezzanine level were not fully compliant with the current ADA standards applicable to new construction and alterations. The Hotel agrees that it will make the following alterations within three (3) months of the effective date of this Agreement:

Family toilet room – Mezzanine (accessible via compliant ramp):

The swing down side grab bar obstructs access to the fixed rear grab bar. § 604.5.2.
The height to the mirror is 43 1/2 inches (43.5"). Mirrors located above lavatories shall be installed with the bottom edge of the reflecting surface no more than forty inches (40") above the finish floor or ground. § 603.3.

Men's multi-user public toilet room – South lawn:

Insulate or otherwise reconfigure the water supply and drain pipes under the lavatory counter to protect against contact. Ensure that there are no sharp or abrasive surfaces under lavatories. § 606.5.
The vertical knee clearance under the lavatory counter is less than twenty-seven inches (27") from the finish floor. Lavatory knee clearance shall be twenty-seven inches (27") high minimum above the floor. §§ 306.3, Fig. 306.3(a).
The height to the mirror is 43 1/2 inches (43.5"). Mirrors located above lavatories shall be installed with the bottom edge of the reflecting surface no more than forty inches (40") above the finish floor or ground. § 603.3.
The swing down side grab bar obstructs access to the fixed rear grab bar. § 604.5.2.

Women's multi-user public toilet room – South lawn:

Insulate or otherwise reconfigure the water supply and drain pipes under the lavatory counter to protect against contact. Ensure that there are no sharp or abrasive surfaces under lavatories. § 606.5.
The height to the mirror is 43 1/2 inches (43.5"). Mirrors located above lavatories shall be installed with the bottom edge of the reflecting surface no more than forty inches (40") above the finish floor or ground. § 603.3.
The swing down side grab bar obstructs access to the fixed rear grab bar. § 604.5.2.

VII. MONITORING AND COMPLIANCE

During the term of this Agreement, the Hotel shall provide to the United States an annual report on the anniversary of the effective date of this Agreement, regarding its progress with respect to the completion of the obligations contained in Sections II-VI of this Agreement. The report shall identify and document (in the form of a narrative report with photos) (i) action taken during the reporting period to comply with this Agreement, (ii) additional actions taken during the reporting period to enhance accessibility for persons with disabilities at the Hotel, (iii) any plans for action concerning architectural compliance under the ADA at the Hotel, and (iv) any plans for action concerning architectural compliance under the ADA in the coming year. These reports shall include photographic documentation of the alterations made to enhance accessibility for persons with disabilities.
The Hotel shall cooperate in good faith with any and all reasonable requests by the United States for access to the Hotel and for information and documents concerning the Hotel’s compliance with this Agreement and the ADA.
The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Agreement and through any means available to the general public, including visits to the public areas of the Hotel and communications with Hotel staff. The United States shall have the right to inspect the facility at reasonable times upon ten (10) business days advance written notice to the Hotel.

VII. ENFORCEMENT

If the United States believes that the Hotel has violated this Agreement or any of its requirements, the United States will notify the Hotel in writing and attempt to resolve the issue or issues in good faith. If the United States and the Hotel are unable to reach a satisfactory resolution of the issue or issues, the United States may commence a civil action in the United States District Court for the District of Connecticut to enforce the terms of this Agreement, the ADA, or both.

IX. GENERAL PROVISIONS

This Agreement shall be binding on the Owner and the Operator of the Hotel, and each of their agents and employees. In the event the Owner and/or Operator seeks to transfer or assign all or part of their interest in the Hotel, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale the Owner and/or Operator shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
In consideration for the Hotel’s timely performance of all of its obligations under this Agreement, the United States agrees to discontinue the Compliance Review of the Hotel, except as provided in the Enforcement portion of this Agreement. The United States reserves the right to investigate any complaint it receives concerning the Hotel, to initiate future compliance reviews concerning the Hotel with respect to any aspect of the Hotel or its operation not expressly addressed in Parts II through VI of this Agreement, and to investigate and commence a civil action with respect to any violation of the ADA, subject to its notice and cure obligations agreed to in Section 13 above. In the event the United States receives and investigates an ADA complaint concerning the Hotel or commences any future compliance review concerning the Hotel, nothing in this Agreement shall limit the scope of any investigation or compliance review of the Hotel or preclude the United States from seeking relief beyond that required under this Agreement with respect to items not addressed in Parts II through VI of this Agreement, provided the Hotel complies with the terms of this Agreement.
A copy of this Agreement shall be made available to any person upon request.
The effective date of this Agreement is the date of the last signature on the Agreement. The term of this Agreement is three (3) years from the effective date. The Hotel shall have three (3) years from the effective date of this agreement to complete all of the requirements set forth herein unless expressly stated otherwise.
This Agreement memorializes the commitments made by the Hotel to increase accessibility of the Hotel and the terms under which the United States has agreed to conclude this particular Compliance Review of the Hotel without further review or enforcement action. This Agreement is not intended to certify or signify, however, that the Hotel is now (or, with the actions taken pursuant to this Agreement, will be) in full compliance with the ADA, or constitute a finding by the United States of such compliance, and it may not be used in any proceeding to signify such compliance. This Agreement does not affect the Hotel’s continuing responsibility and obligation to comply with all aspects of the ADA. This Agreement is not intended to reflect any legal interpretation of any provisions of the ADA by the United States, and it may not be used in any proceeding to demonstrate such legal interpretations.
This Agreement does not constitute an admission by the Hotel of non-compliance with any provision of the ADA.
The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement.
Failure by the United States to enforce the entire Agreement with regard to any deadline or any other provision of the Agreement shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement.
This Agreement constitutes the entire agreement between the parties relating to the resolution of the compliance review against the Hotel, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this Agreement, shall be enforceable. Any prior written or verbal agreements among the Parties, including any agreements made in connection with accessibility audit responses for this Hotel provided in November 2011, are replaced and superseded by this Agreement.