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

(a) After the Effective Date and continuing during the term of this Consent Decree ( i.e. the four years after the Effective Date), when

(1) entering into a new franchise or management agreement to convert an existing hotel constructed for first occupancy after January 26, 1993 to a Post-1993 Franchised Hotel or Post-1993 Managed Hotel; (2) renewing or extending for more than six (6) months an existing franchise or management agreement (other than unilateral renewals or extensions by the other party to the agreement) for a Post-1993 Franchised Hotel or Post-1993 Managed Hotel; or (3)consenting to a change of ownership at a Post-1993 Franchised Hotel or Post-1993 Managed Hotel: HWI will require the hotel owner to conduct a survey, using a survey instrument provided by the United States (the “Survey Instrument”), to determine whether

(i) The hotel has the required number of accessible rooms for guests with mobility disabilities required by ADA Standards § 9.1.2, 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 Figures 57(a) or (b).

(ii) The hotel’s inventory of accessible rooms required under ADA Standards § 9.1.2 ( i.e., rooms with features for individuals with mobility disabilities and hearing impairments) complies with ADA Standards § 9.1.4 requirement to disperse accessible units among the various classes of sleeping accommodations. The hotel complies with this requirement if it 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. Nothing in this subparagraph requires a hotel to have more accessible guest rooms than are required under ADA Standards § 9.1.2.

(iii) The 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 either providing (1) visual alarms that are connected to the building emergency alarm system, and visual notification devices for incoming telephone calls and door knock or bell, or (2) portable visual notification devices for the alarm, incoming telephone calls, and door knock or bell. If the hotel uses portable devices to meet these requirements, it shall have at the property a sufficient number of portable devices to ensure that it can fully equip the number of rooms for guests with hearing impairments required by ADA Standards §§ 9.1.2 and 9.1.3 ( i.e., permanently installed telephones that have volume control and an accessible electrical outlet within 4 ft. of a telephone connection).

(iv) Post-1993 Managed Hotels and Post-1993 Franchised Hotels constructed for first occupancy after the Consent Decree Date have the required number of rooms, as set forth in ADA Standards §§ 9.1.2 and 9.1.3, that provide visual alarms that are connected to the building emergency alarm system, and visual notification devices for incoming telephone calls, and door knock or bell and comply with all other requirements of ADA Standards § 9.3.1 (i.e., permanently installed telephones shall have volume control and an accessible electrical outlet within 4 ft. of a telephone connection).

(v) The accessible rooms for individuals with mobility disabilities have the maneuvering clearances for beds specified in ADA Standards §9.2.2(1), to and within the bathroom (ADA Standards § 9.2.2(6)), thermostat and other controls (ADA Standards § 9.2.2(5)), and desks (ADA Standards §§9(1), 4.32), that are required under the ADA Standards.

(vi) The accessible rooms for individuals with mobility disabilities have accessible bathrooms that comply with ADA Standards § 4.23.

(vii) Any non-valet parking facilities owned or operated by the hotel have the number of accessible car and van-accessible parking spaces required by the ADA Standards and comply with the accessibility requirements of the ADA Standards. For parking facilities owned and operated by third parties, HWI will require the hotel owner to send a letter to the owner or operator of that hotel’s parking facilities requesting the owner/operator confirm that the hotel’s parking facilities provide accessible parking as set forth in ADA Standards §§4.1.2(5), 4.6.2-4.6.5.