accessiblehousing.org
 People
with disabilities may need accessible features in their apartments, in
the public and common use areas of the apartment complex, and in the
complex’s leasing office in order to have an equal opportunity to use
and enjoy their apartments, the complex’s recreational facilities, and
other programs and activities on the property. There are several
complex laws that determine whether an apartment complex or other
housing facility must be designed and constructed so that it is
accessible to persons with disabilities. Different laws apply to
different areas of a property (i.e., the public use areas, the common
use areas, and the individual apartments) and even the operation of the
housing facility’s programs and activities.
The Fair Housing Amendments Act of 1988 applies to residential
facilities and addresses the design and construction requirements for
covered multi-family dwellings for first occupancy after March 13,
1991. Section 504 of the Rehabilitation Act of 1973 applies to
apartment complexes and/or housing facilities that receive Federal
financial assistance and outlines specific accessibility requirements
for the programs and activities. The Architectural Barriers Act of 1968
applies to certain buildings financed in whole or in part with federal
funds and prescribes standards for the design, construction, and
alteration of publicly owned residential structures to insure that
people with physical disabilities will have ready access to, and use
of, these residential structures. While Title III of the Americans with
Disabilities Act of 1990 commonly referred to as “ADA” deals with
public accommodations and services operated by private entities.
Although Title III of the ADA does not apply to strictly residential
facilities, it covers places of public accommodation within residential
facilities, such as an apartment complex’s leasing office.1
FAIR HOUSING AMENDMENTS ACT OF 1988
DESIGN AND CONSTRUCTION REQUIREMENTS
The Fair Housing Amendments Act of 1988 outlines design and
construction requirements for covered multi-family dwellings for first
occupancy after March 13, 1991. “Covered multi-family dwellings” means
buildings consisting of four or more dwelling units if such buildings
have one or more elevators; and ground floor dwelling units in other
buildings consisting of four or more dwelling units.2 The Fair Housing
Amendments Act applies to the public use areas, the common use areas,
and the individual apartments at a housing facility, regardless of
whether it is privately or publicly owned. This includes housing
subsidized by the federal government or rented through the use of
Section 8 voucher assistance.
The Act provides that covered multi-family dwellings for first
occupancy after March 13, 1991 shall be designed and constructed to
have at least one building entrance on an accessible route unless it is
impractical to do so because of the terrain or unusual characteristics
of the site. The burden of establishing impracticality because of
terrain or unusual site characteristics is on the person or persons who
designed or constructed the housing facility.3
“Building entrance on an accessible route” means an accessible entrance
to a building that is connected by an accessible route to public
transportation stops, to accessible parking and passenger loading
zones, or to public streets or sidewalks, if available.4
A covered multi-family dwelling shall be deemed to be designed and
constructed for first occupancy on or before March 13, 1991 if they are
occupied by that date or if the last building permit or renewal thereof
for the covered multi-family dwellings is issued by a State, County, or
local government on or before January 13, 1990.5
The Fair Housing Act requires that all covered multi-family dwellings
for first occupancy after March 13, 1991, with a building entrance on
an accessible route shall be designed and constructed in such a manner
that—:
- the public and common use areas must be readily accessible to and
usable by handicapped persons;
- all the doors designed to allow passage into and within all
premises must be sufficiently wide to allow passage by handicapped
persons in wheelchairs; and
- all premises within covered multi-family dwelling units contain
the following features of adaptable design:
| (i) |
an accessible route into and through the
covered dwelling unit; |
| (ii) |
light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations; |
| (iii) |
reinforcements in bathroom walls to allow later
installation of grab bars around the toilet, tub, shower, stall
and shower seat, where such facilities are provided; and |
| (iv) |
usable kitchens and bathrooms such that an individual in a
wheelchair can maneuver about the space.6 |
“Public use areas” means interior or exterior rooms or spaces of a
building that are made available to the general public. Public use may
be provided at a building that is privately or publicly owned.7 “Common
use areas” means rooms, spaces, or elements inside or outside of a
building that are made available for the use of residents of a building
or their guests. These areas include hallways, lounges, lobbies,
laundry rooms, refuse rooms, mail rooms, recreational areas, and
passageways among and between buildings.8
“Accessible,” when used with respect to the public and common use areas
of a building containing covered multi-family dwellings, means that the
public or common use areas of the building can be approached, entered,
and used by individuals with physical disabilities.9 “Accessible route”
means a continuous unobstructed path connecting accessible elements and
spaces in a building or within a site that can be negotiated by a
person with a severe disability using a wheelchair and that is also
safe for and usable by people with other disabilities. Interior
accessible routes may include corridors, floors, ramps, elevators, and
lifts. Exterior accessible routes may include parking access aisles,
curb ramps, walks, ramps, and lifts.10
|
NOTE: |
This directory provides general accessibility
guidelines taken from HUD’s Fair Housing Act Design Manual for
compliance with the Fair Housing Act’s design and construction
requirements. However, the accessibility guidelines vary depending
on the design and layout of a particular dwelling unit, such as the
shape of the kitchen, etc. Therefore, for complete and accurate
information about compliance with the Fair Housing Act’s design and
construction requirements or HUD’s accessibility guidelines, please
contact your local HUD office. |
According to the United States Department of Housing and Urban
Development’s Fair Housing Accessibility Guidelines, an accessible
route must be provided into and throughout the entire covered dwelling
unit. The accessible route must pass through the main entry door,
continue through all rooms in the unit, adjoin required clear floor
spaces at all kitchen appliances and all bathroom fixtures, and connect
with secondary exterior doors.11 Accessible doors in public and common
use spaces and primary entry doors of dwelling units must provide a
clear opening of 32 inches minimum.12
Within individual dwelling units, doors intended for user passage
through the unit must have a clear opening of at least 32 inches
nominal width.13 This measurement is taken when the door is open 90
degrees, measured between the face of the door and the latch side
jamb/stop.14 A minimum clear width of 36 inches
is required for accessible routes into and through dwelling units.15
Thresholds at a unit’s exterior doors, including sliding door tracks,
shall be no higher than ¾ inch.16 Within single-story dwelling units (and
on the primary entry level of multi-story dwelling units in buildings
with elevators) the maximum vertical floor level change is ¼ inch and
the threshold must be beveled or tapered. When a tapered threshold is
used, the maximum height is ½ inch.17 If an interior door threshold
represents a change in level greater than ½ inch, it must be ramped.18
Light switches, electrical outlets, thermostats, and other
environmental controls should be located no higher than 48 inches and
no lower than 15 inches above the floor.19 Controls or outlets that do
not satisfy these specifications are acceptable provided that
comparable controls or outlets (i.e., that perform the same functions)
are provided within the same area and are accessible.20
In kitchens, appliances must be located so they can be used by a person
in a wheelchair. A 30-inch x 48-inch clear floor space is required for
a parallel or forward approach to each kitchen appliance or fixture.21 A
minimum of 40 inches of clear floor space is required between all
opposing base cabinets, countertops, appliances, and walls. This
measurement is taken from any countertop or the face of any appliance
(excluding handles and controls) that projects into the kitchen to the
opposing cabinet, countertop, appliance, or wall.22 Kitchens with a
U-shaped design that have a sink, range, or cooktop at its base, must
have a 60-inch diameter turning circle in order to provide adequate
maneuvering space for a person using a wheelchair to approach and
position themselves parallel to the appliance or fixture at the base of
the U.23 An exception is permitted in U-shaped kitchens with a sink or cooktop at the base of the U to have less then 60 inches between the
legs of the U only when removable base cabinets are provided under the
cooktop or sink. A clearance of at least 40 inches is required.24
In bathrooms, there must be adequate maneuvering space so that a person
who uses a wheelchair or scooter can easily enter, close the door, use
the fixtures, and exit.25 The HUD Accessibility Guidelines provide two
sets of specifications for usable bathrooms: Option A and Option B.
Both Option A and Option B require a 30-inch x 48-inch clear floor
space outside the swing of the door as it is closed.26 For more
information about the accessibility requirements for Option A or Option
B, please refer to the Fair Housing Act Design Manual, contact your
local HUD office, consult with an Accessibility Consultant or Expert,
or contact the Fair Housing Council of Greater San Antonio.
|
NOTE: |
Many apartment complexes that were built for first
occupancy after March 13, 1991, do not meet all of the
accessibility requirements under the Fair Housing Amendments Act of
1988. If the apartment complex is not in compliance with the
accessibility requirements, the owner of the complex must pay for
any modifications that a tenant requests in order to bring the
complex into compliance. Furthermore, if the tenant lives at an
apartment complex that receives federal funds, the tenant can, in
most cases, request that the owner of the apartment complex pay for
the modifications, as an accommodation to the tenant. |
The Fair Housing Amendment Act’s accessibility requirements are not as
strict as those for Section 504 of the Rehabilitation Act of 1973 and
the Uniform Federal Accessibility Standards (UFAS). However, the Fair
Housing Amendment Act’s accessibility requirements apply to a broader
number of dwelling units. Where both the Fair Housing Amendment Act and
Section 504 apply to a particular housing facility, the facility must
be in compliance with both laws. In addition, the ADA, when it is
applicable to areas of a housing facility, does not supersede Section
504 requirements (assuming Section 504 is also applicable) and does not
invalidate or limit the remedies, rights, and procedures of any other
Federal laws, or State or local laws that provide greater or equal
protection for the rights of individuals with disabilities or
individuals associated with them.27
View Endnotes |
