Objective
To assess the extent of implementation of the seven recommendations included in our initial audit report, Park Accessibility for People With Disabilities (Report 2021-N-7).
About the Program
The New York City (NYC or City) Department of Parks & Recreation (Parks or agency), a mayoral agency, is the chief steward of City parkland. Parks’ mission is to plan resilient and sustainable parks, public spaces, and recreational amenities; build a park system for present and future generations; and care for parks and public spaces. Parks maintains about 30,000 acres of land (14% of NYC), including more than 5,000 individual properties, nearly 1,000 playgrounds, more than 800 athletic fields, 65 public swimming pools, 51 recreation centers, 15 nature centers, and 14 miles of beaches (hereafter collectively referred to as “parks”). Its parks are also the setting for a range of attractions, including free concerts, world-class sports events, and cultural festivals.
NYC is home to 8.5 million people, including nearly 1 million individuals with a disability, and based on 2020 estimates from the Mayor’s Office for People with Disabilities, an annual destination for approximately 6 million visitors with a disability. For the 7 million people with a disability either living in or visiting NYC, access to the parks—and the necessary amenities therein, such as restrooms, sinks, water fountains, and concessions—is critical.
Title II of the 1990 Americans with Disabilities Act (ADA) prohibits discrimination against individuals with a disability in all programs, activities, and services of public entities, such as Parks. The U.S. Department of Justice (DOJ) regulations implementing Title II adopted ADA Standards for Accessible Design, which set forth minimum requirements—both scoping and technical—for newly designed and constructed or altered facilities. to identify accessibility issues for existing structures. The DOJ regulations also required public entities to develop a Transition Plan detailing any structural changes that would be undertaken to achieve program accessibility and specifying a time frame for their completion.
The objective of our initial audit, issued on March 22, 2023, was to determine whether Parks facilities were accessible for people with disabilities, as required. The audit covered the period from January 2015 through October 2022. The audit found that, while Parks had made progress in making more of its facilities accessible for people with a disability, its accessibility efforts were primarily focused on ensuring newly funded capital projects are ADA compliant, rather than removing identified barriers at existing facilities. In addition, the audit found that agency officials did not adequately monitor concession contractors to ensure they were complying with contractual obligations and other accessibility requirements, nor did Parks ensure that the facility accessibility information posted on its website was accurate and updated. Further, Parks did not finalize a Transition Plan or develop formal rules, policies, and procedures pertaining to its ADA compliance. We also noted that accessibility was not among the agency’s performance indicators in the Mayor’s Management Reports during the preceding 10 years.
Key Findings
Parks officials made some progress in addressing the issues we identified in the initial audit report; however, more work needs to be done. Of the initial report’s seven audit recommendations, five were partially implemented and two were not implemented.
Key Recommendation
Parks officials are requested, but not required, to provide information about any actions planned to address any unresolved issues discussed in this follow-up within 30 days of the report’s issuance.
Kenrick Sifontes
State Government Accountability Contact Information:
Audit Director:Kenrick Sifontes
Phone: (212) 417-5200; Email: [email protected]
Address: Office of the State Comptroller; Division of State Government Accountability; 110 State Street, 11th Floor; Albany, NY 12236