United States of America v. Hilton Worldwide Inc. - Consent Decree

15. For the term of this Consent Decree, the following provisions shall apply to all Post-1993 Owned Hotels and Post-1993 Joint Venture Hotels:

(a) No later than twelve (12) months after the Consent Decree Date, HWI shall conduct surveys of the areas of the hotels open to the public (including all accessible rooms) to assess their compliance with the ADA Standards using an ADA inspector who is approved by the United States. The ADA inspector shall be required to document the results of the surveys in writing and with photographs and shall create a report (the “HWI Hotels Survey Report”). The HWI Hotels Survey Report shall be considered to be commercial information that is privileged and confidential. HWI shall ensure that all Post-1993 Owned Hotels and Post-1993 Joint Venture Hotels comply with the ADA Standards no later than four years after the Consent Decree Date by bringing at least two Post-1993 Owned Hotels or Post-1993 Joint Venture Hotels into compliance with the ADA Standards annually beginning no later than two years after the Consent Decree Date.

(b) In determining whether any Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel has complied with the ADA Standards, the Parties agree that each Post-1993 Owned Hotel and each Post-1993 Joint Venture Hotel meets its obligations under ADA Standards § 9.1.4 to disperse accessible units among the various classes of sleeping accommodations if the inventory of accessible rooms required under ADA Standards § 9.1.2 ( i.e., rooms with features for individuals with mobility disabilities and hearing impairments) includes at least one suite (if the hotel has more than one suite), one room with one bed, one room with two beds, and one room with a premium view (if the hotel offers more than one room with a premium view at a higher cost), one room on the executive level (if the hotel has an executive level), and one smoking room (if the hotel offers smoking rooms). At hotels where there are two or more premium views offered, the hotel shall not be required to provide an accessible room in a particular view category if fewer than 5% of the rooms at the hotel fall within that particular view category; however, at least one accessible premium view room must be provided in the hotel. For all Owned Hotels and Joint Venture Hotels under construction as of the Consent Decree Date where architectural plan changes affecting the size or layout of guest rooms or guest room bathrooms are made and construction pursuant to those plans has not been completed, and all Owned Hotels and Joint Venture Hotels where construction begins after the Consent Decree Date, the premium view accessible room shall be in the premium view category with the most rooms. Nothing in this subparagraph requires a hotel to have more accessible guest rooms than are required under ADA Standards § 9.1.2.

(c) HWI agrees that it shall voluntarily submit to the United States within 120 days of each survey the HWI Hotels Survey Report, including photographs, and a list of the remediation items (if any remediation is required) that are required to bring the Post-1993 Owned Hotel or the Post-1993 Joint Venture Hotel into compliance with the ADA Standards. The United States shall respond in writing to HWI’s proposed remediation within 60 days for each Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel. The Parties shall meet or otherwise confer to resolve any disputes within 60 days after HWI’s receipt of the United States’ response. Any unresolved disputes under this section may be submitted by either Party to the Court within 30 days after the dispute resolution period ends.

(d) Within the timeframe set forth in subparagraph 15(a), HWI shall ensure that each Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel has the required number of accessible rooms with roll-in showers as set forth in ADA Standards §9.1.2, and that each roll-in shower complies with ADA Standards § 4.21 and Figure 57(a) or (b). HWI shall ensure that each Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel has one removable tub seat for each and every accessible tub room in the hotel that does not already have a built-in seat as shown in ADA Standards Figures 33(b) and 34(b), that complies with ADA Standards §§4.20.3, 9.2.2(6)(e).

(e) Within the timeframe set forth in subparagraph 15(a), HWI shall ensure that each Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel has the required number of rooms for guests with hearing impairments, as set forth in ADA Standards §§ 9.1.2 and 9.1.3, that comply with ADA Standards § 9.3. Compliance with ADA Standards § 9.3 may be achieved by providing either (1) visual alarms connected to the building emergency alarm system, and visual notification devices for incoming telephone calls and door knock or bell, or (2) in the case of Post-1993 Owned Hotels and Post-1993 Joint Venture Hotels in operation as of the Consent Decree Date, portable visual notification devices for the alarm, incoming telephone calls, and door knock or bell. If HWI uses portable devices to meet these requirements, it shall have at the property the quantity of portable devices equal to the required number of rooms for guests with hearing impairments in ADA Standards §§ 9.1.2 and 9.1.3. Each Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel shall also comply with all other requirements of ADA Standards § 9.3.1 ( i.e., permanently installed telephones that have volume control and an accessible electrical outlet within 4 ft. of a telephone connection).

HWI shall ensure that each Post-1993 Owned Hotel and Post-1993 Joint Venture Hotel constructed for first occupancy after the Consent Decree Date has the required number of rooms, as set forth in ADA Standards §§ 9.1.2 and 9.1.3, that have visual alarms connected to the building emergency alarm system, and visual notification devices for incoming telephone calls and door knock or bell.

(f) If, after January 26, 1993, HWI constructed an addition (as defined in ADA Standards § 3.4) to an Owned Hotel or Joint Venture Hotel that was originally constructed for first occupancy prior to January 26, 1993, only the addition and the path of travel from the pre-January 26, 1993 portion of the Owned Hotel or Joint Venture Hotel to the addition shall be covered by this Paragraph 15.