SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE MUNICIPAL CREDIT UNION OF NEW YORK CITY FOR COMPLAINT This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the Municipal Credit Union at 2 Lafayette Street in New York, New York. The complaint was investigated by the Public Access Section, formerly known as the Office on the Americans with Disabilities Act, of the Civil Rights Division of the United States Department of Justice under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or "the Act"), 42 U.S.C.  12188. The complaint alleges that the Municipal Credit Union Branch located at 2 Lafayette Street is operating in violation of the ADA, because its owners and operators have failed to remove architectural barriers where such removal is readily achievable. The parties to this agreement are the United States of America and the Municipal Credit Union ("the Credit Union"). In order to avoid litigation, the parties hereby agree as follows: 1. The Credit Union is a corporation incorporated under the laws of the state of New York. The Credit Union provides banking services for members of the public who fall within its field of membership. 2. The Credit Union operates a branch located at 2 Lafayette Street. That branch is the subject of this settlement agreement. 3. The City of New York is the owner of the building at 2 Lafayette Street, in which the above-mentioned branch of the Credit Union is located. New York City administers this building through its Department of General Services, Division of Real Property. 4. The Americans with Disabilities Act applies to the Credit Union, because it is a public accommodation as defined in section 301(7) (F) of the Act and section 36.104 of the Department's regulation, 42 U.S.C.  12181, 28 C.F.R.  36.104. 5. The subject of this settlement agreement is removal of architectural barriers at the front entrance of the Credit Union branch located at 2 Lafayette Street. 6. Subsequent to January 26, 1992, the Credit Union operated with a front entrance that allegedly was inaccessible to individuals with disabilities, including those who use wheelchairs, because the front entrance could only be reached by climbing three steps or by use of a temporary ramp. This temporary ramp may not have provided independent access and may not have met the standards for accessibility and safety set forth 01-06629 2 at section 4.8 of the Americans with Disabilities Act Accessibility Guidelines ("the Guidelines"). 7. The Department received a complaint dated January 27, 1992, from individuals with disabilities, alleging that the Credit Union was not in compliance with the ADA, because it had failed to remove the barrier to access at its front entrance and such removal was readily achievable. 8. On March 25, 1992, representatives of the Department visited the Credit Union and observed that in their opinion there was no accessible entrance to the Credit Union. Department representatives further observed that the feasibility of installing a permanent ramp made it highly likely that the removal of the barrier was readily achievable. Representatives of the Credit Union agreed in principle to install a ramp. 9. It is readily achievable to make the front entrance of the credit Union branch located at 2 Lafayette Street accessible by constructing a permanent ramp in accordance with the Guidelines. 10. The Credit Union has installed a permanent ramp at the front entrance to the building at 2 Lafayette Street. The ramp is constructed in accordance with the blueprints and plans attached hereto as Attachment A. 11. The Credit Union further agrees to indicate the location of the ramp through the use of appropriate signage. The signage will comply with the requirements set forth in the Guidelines at section 4.30. 12. The Credit Union further agrees to maintain the ramp in good working condition and to use reasonable efforts to keep it clear of debris or any other items that will interfere with its use by persons with disabilities, including those who use wheelchairs. 13. The Credit Union further agrees to use reasonable efforts to maintain a clear pathway on the ramp and the landing surrounding the doorway, including during such times when inclement weather would make such clearance necessary for the ramp and entry to be used safely by individuals with disabilities, including those who use wheelchairs. Implementation of paragraphs 12 and 13 of this agreement will include appropriate instructions to staff. 14. The Credit Union further agrees to instruct all its employees at the 2 Lafayette Street Branch to assist individuals with disabilities who request assistance in opening the front door. 01-06630 3 15. The Credit Union further agrees that as of the effective date of this agreement, its employees will inform all persons with disabilities, as well as any others, who inquire of the barrier removal requirements of this agreement, including the times when such work will be completed. 16. In its March 1993, newsletter, the Credit Union shall notify its members of the erection of the permanent ramp referred to herein, and that such ramp provides access to persons with disabilities, including those who use wheelchairs. 17. The Credit Union further agrees to complete the actions specified in paragraphs 10 through 11 and paragraphs 14 through 16 within 120 days from the effective date of this agreement. 18. The Credit Union further agrees to commence the actions required in paragraphs 12 and 13 at the time the ramp is completed, and to continue such maintenance for as long as the Credit Union or its successors in interest operate the street level facility at 2 Lafayette Street that is the subject of this agreement. 19. The Attorney General is authorized, pursuant to section 308(b)(1)(B) of the Act, to bring a civil action under title III, enforcing the ADA in any situation where pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit under title III with regard to the subject of this agreement. 20. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any requirement thereof has been violated, it will give the Credit Union thirty (30) days written notice to cure such violation. If such violation is not cured within such thirty (30) day period (or if the violation is of a nature which cannot be cured within 30 days, then steps to cure such violation must be commenced within 30 days) it may institute a civil action. If the government demonstrates in such a proceeding that the respondent has failed to comply with any provision of this agreement, the respondent shall be liable to the United States in an amount of no less than $7,500.00. 21. Failure by the Department to enforce this entire agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this agreement. 01-06631 4 22. In the event that the Credit Union fails to comply in a timely fashion with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as to a temporary modification of the relevant terms of the agreement, all terms of this agreement shall become enforceable in United States District Court. 23. This document is a public agreement. A copy of this document or any information contained herein may be made available to any person. The Credit Union or the Department shall provide a copy of this agreement to any person on request. 24. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on all of the Credit Union's successors in interest, and respondents have a duty to so notify all such successors in interest. 25. This agreement and the plans attached hereto constitute the entire agreement between the parties on the matters raised herein, 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 written agreement, shall be enforceable. This agreement is limited to the facts set forth in paragraphs 1 through 9, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. This agreement does not affect the respondent's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. Specifically, this agreement does not affect duties raised with regard to the Credit Union's policies, practices and procedures, or with regard to barrier removal in other parts of the 2 Lafayette branch or any other facility owned and/or operated by the Credit Union. 26. The parties agree that, if any provision of this agreement is affected by any future proceeding in bankruptcy, the parties shall jointly apply to the district court for withdrawal to the district court for resolution of the matter. 27. By executing this agreement and agreeing to the terms contained herein, the Credit Union is not admitting that it is or was in violation of the Americans with Disabilities Act. The Credit Union is merely executing this document, agreeing to the terms contained therein, so that the parties may amicably resolve this matter. 28. A signer of this document in a representative capacity for a partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation or other entity to this agreement. 01-06632 5 For the Municipal Credit For the United States: Union: (Signature) (Signature) ________________________ __________________________ William Porter James P. Turner Chief Executive Officer Acting Assistant Attorney Municipal Credit Union General 22 Cortlandt Street John L. Wodatch New York, N.Y. 10007 L. Irene Bowen (212) 238-3370 Joseph C. Russo Public Access Section Date 2-26-93 Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-2227 Date 3/15/93 01-06633 ATTACHMENTS 01-06634