Covered Housing Accessibility

How do the Fair Housing Act's design and construction requirements affect existing State and local building codes?

Existing state and local codes remain in effect. The Fair Housing Act has no effect on existing state or local codes that require greater accessibility than the Fair Housing Act requires. However, if a state or local code requires less accessibility than the Fair Housing Act, the Fair Housing Act requirements will prevail and must be followed.

What was the first federal housing legislation?

Fair Housing Act of 1968. It was an expansion of the Civil Rights Act of 1964 but did not address accessibility or the disabled.

What are the Fair Housing Act's requirements for housing to be accessible?

The Fair Housing Act requires all "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities. Covered multifamily dwellings are all dwelling units in buildings containing four or more units with one or more elevators, and all ground floor units in buildings containing four or more units, without an elevator. Federal regulations adopted by the Department of Housing and Urban Development at 24 CFR 100.201 define covered multi-family dwellings.

Do Townhouses need to be accessible?

The Fair Housing Act's design and construction requirements do not cover multistory townhouses--units that have two, three, or even four stories--unless the building has an elevator.

Accessible parking when unassigned

Two percent of the covered units. Parking must be on an accessible route.

Do the Fair Housing Act's design and construction requirements cover condominiums?

Yes. The Fair Housing Act's design and construction requirements cover condominiums in covered multifamily dwellings; the design and construction requirements make no distinctions based on ownership.

FHA Seven Design and Construction Requirements

1) Accessible building entrance. 2) Accessible and usable public/common use areas. 3) Usable doors. 4) Accessible routes into and thru the covered unit. 5) Light switches, outlets, controls, etc. 6) Reinforce walls in bathroom for grab bars. 7) Usable kitchens and bathrooms.

Covered Multifamily Dwellings include:

1) All dwelling units in buildings containing four or more units with an elevator. 2) All ground floor units in buildings containing four or more units, without an elevator.

When was the Fair Housing Amendments Act adopted?

1988

What does "first occupancy" refer to with regards to the FHA?

A building that has never before been used for any purpose. This means that buildings which are rehabilitated after the March 13, 1991 date are not covered, even if the rehabilitation is substantial.

HUD Safe Harbors

ANSI A117.1 - 1986, used with the Fair Housing Act, HUD's regulations, and Fair Housing Act, HUD's regulations, and Fair Housing Act, HUD's regulations, and Code Requirements for Housing Accessibility 2000.

Multistory townhouses

If no elevator, not covered because the entire unit is not on the ground floor. If it has an elevator. If there is an elevator that provides access to all floors of the townhouse, i.e. internal to the unit, it is covered. If a multistory townhouse is located in a building that has a public elevator, then the primary entry level of the unit must comply, i.e. entry and powder room.

What date did covered multistory dwelling units need to comply?

July 1, 2005. Multistory apartments or condominiums with no elevator on or after this date must have 10% of their units accessible on the primary entry level, at least one accessible powder room on the primary entry level, access to all rooms on the primary entry level and all common use facilities within the complex on accessible levels must be accessible.

What date the the Fair Housing Amendments Act set as the original critical coverage date?

March 13, 1991 for first occupancy of any kind. Housing had no requirements for accessibility prior to this date. However, any accessibility requirements in local building codes, such as the Uniform Building Code, prior to this date were required to be complied with.

Do the Fair Housing Act's design and construction requirements apply to alteration or renovation of properties?

No, alterations, rehabilitation or repair of covered multifamily dwellings are not covered because the Act's design and construction requirements only apply to new construction of buildings built for first occupancy after March 13, 1991. However, a covered multifamily dwelling that has been constructed to comply with the law cannot later be altered to make it non-compliant with the law.

Does the Fair Housing Act require any minimum number of accessible dwelling units?

No, the Fair Housing Act's design and construction requirements do not require a minimum number of accessible dwelling units. If a building with four or more units that does not have an elevator is covered, all of the ground floor units must be accessible, and if the building has an elevator, all of the units in the building must be accessible. Other federal, state or local codes sometimes require a specified number of units to be accessible.

Carriage Units

Not covered EXCEPT when it is federally funded.

What properties does Section 504 of the 1973 Rehabilitation Act cover?

Section 504 covers properties if they are constructed, renovated, operated or purchased by a recipient of federal financial assistance. If the federal financial assistance comes from HUD and the project contains five or more units, HUD's regulations require that at least one unit, or a minimum of 5% of the dwelling units, whichever is the greater number, constructed or renovated, must be accessible to people with physical disabilities and at least one unit or a minimum of 2% of the units, whichever is the greater number, must be accessible to people with hearing and vision disabilities.

Housing over commercial space?

The ground floor is the floor above the commercial space. This floor must be made accessible.

Several units over a common garage?

This is not a carriage unit. All flat units must be accessible.

How many units are required to be covered multilfamily dwelling units

Three apartments or four condominiums.