HUD Section 504, Fair
Housing and ADA
Vantoria Clay, Housing and
Transportation Coordinator
Endependence Center, Inc.
6300 E Virginia Beach Blvd
Norfolk, VA 23502
757-351-1595
757-461-7527 TDD
757-461-5375 FAX
VClay@endependence.org
Fair Housing and Related Laws
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2
Section 504 of Rehabilitation Act 1973
Fair Housing Amendments Act of 1988
Impact of ADA Title II State & Local Govt and
Title III Public Accommodations
HUD Section 504 Regulations
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3
Federally-Assisted Programs, Services
and Activities
Rehabilitation Act of 1973,
Section 504

Section 504 prohibits discrimination on the
basis of disability in any program or activity
receiving federal financial assistance.
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4
Whether housing or non-housing
“No otherwise qualified individual with handicaps in
the United States…shall, solely by reason of his/her
handicap, be excluded from the participation in, be
denied the benefits of, or be subjected to
discrimination under any program or activity
receiving Federal financial assistance or any
program or activity conducted by any Executive
agency or by the United States Postal Service.”
HUD Section 504
5
24 CFR Part 8
Nondiscrimination Based on Handicap in Federally
Assisted Programs and Activities; Final Rule
 Online:
www.hud.gov/offices/fheo/disabilities/sect504docs.cfm
 Order copy:
Contact HUD’s Direct Distribution Center
800-767-7468 or email on_demand_mail@hud.gov
Order through Center’s online ordering system
www.hud.gov/offices/adm/dds/
HUD Section 504:
Who is covered?
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Public Housing Agencies (PHAs)
Cities and towns that receive funds such as CDBG
Section 8 and other PHA program and activities
Private, HUD-assisted housing providers
Student housing
Military housing
Non-profits developing housing activities with:
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6
–
Section 811, HOME, CDBG, HOPWA, HOPE, Homeless
Programs – Emergency Shelter Grants, Supportive
Housing Program, Shelter Plus Care, and SRO Moderate
Rehab Program
Any organization receiving funds from HUD
Section 504:
Who is covered?

cont.
Private, HUD-assisted housing providers
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Multifamily Housing Division
http://www.hud.gov/local/va/working/mf/emaillist.cfm
804-822-4875
-- MFH Inventory Survey of Units for the
Elderly and Disabled, Mar 2009
www.hud.gov/offices/hsg/mfh/hto/inventorysurvey.cfm
Click on Virginia
7
HUD 504:
What is discrimination? § 8.4
•
To deny a person with a disability the opportunity to
participate in or benefit from in any program solely on
the basis of their disability
•
•
What to do? – A housing provider has to provide accessible
transportation if offers transportation to their tenants.
To benefit from the Section 8 HCV program, a person with
disability-related barriers that prevent him/her from being able to
seek housing at all or seek housing to the extent as others
without disabilities would need additional time to search.
•
8
A PHA may have a policy that calls for one month for initial search
and 1 30-day extension; and to accommodate people with
disabilities, the individual can receive 1 additional 30-day notice.
• Is this an appropriate policy for a reasonable accommodation?
HUD 504:
What is discrimination? § 8.4
•
To offer people with disabilities an
opportunity to participate in any housing,
program or service that is not equal to that
afforded to others
•
9
What to do? – Provide the same type and level
of services. Do not require more sessions/
meetings than the home ownership program
requires.
HUD 504:
What is discrimination? § 8.4
•
Provide a service that is not as effective as that
provided to others
•
•
•
10
Ex – The housing agency provides a section 8 landlord
list but does not include a reasonable number of options
for accessible housing.
Ex – the housing agency chooses a location or building
for housing that is not or cannot be altered to be
accessible.
An existing HUD-assisted development is making
substantial alterations to a mix of 1, 2 and 3 bedroom
units. Should the provider ensure that 1 bedroom units
are accessible?
HUD 504:
What is discrimination? § 8.4
•
11
Provide separate aids or services unless it is
necessary in order to provide an equal
opportunity.
HUD 504:
What is discrimination? (§ 8.4 )
•
Provide a significant aid or assistance to any
agency that discriminated on the basis of
disability
•
•
12
Ex – A PHA should not provide land or funding to a
housing developer that does not accommodate
applicants and tenants with disabilities or is not in
compliance with FHAA or Section 504 accessibility
requirements.
What to do? Have the developer to make
assurances that they will comply with Section 504
and/or FHAA accessibility requirements.
HUD 504:
What is discrimination? (§ 8.4 )
•
Deny a person with a disability the
opportunity to participate as a member of a
planning or advisory board
•
13
What to do? Ensure that people with disabilities
are represented on the PHA’s Resident Advisory
Board, or any boards or committees that a
federally-assisted agency forms.
HUD 504: Communications
Section 8.6

For program accessibility, an agency must
provide effective communication.


All information must be available in alternate
formats or through an auxiliary aid.

14
For verbal and written communications/material.
Examples: Sign language interpreters, Braille,
audio cassette, computer disk, large print,
personal listening devices (amplifies speech),
note-taking, etc.
HUD 504: Communications

cont.
Type of alternate format or auxiliary aid
Primary consideration given to individual’s
preference;
 if the format would cause a fundamental
alteration to the program or an undue
financial/ administrative burden, another
format must be selected that would be
equally effective.
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15
HUD 504: Communications - cont.

Phone communication:

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16
TDD
Virginia Relay
Training on TDD and Virginia Relay
HUD 504:
Accessibility Standards (§ 8.32)

Accessibility standard used:

UFAS – Uniform Federal Accessibility Standards
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
Or, other standard that is equal or more strict
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Facilities– site/office for a non-housing program –
alterations and new construction
Residential:
 Common and public areas
 Dwelling units (multifamily and home ownership)
Design and New construction
Additions to existing buildings
Alterations and substantial alterations
Section 504:
UFAS

Residential
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Apartment housing
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
–
Single family homes and duplexes
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Federally assisted – minimum of 5% of dwelling units, or
greater according to a local needs assessment
Federally owned – minimum of 5% of dwelling units
Rental – minimum of 5% of the total, or greater according
to a local needs assessment
Home ownership – 5% of total; if built per home buyer,
accessibility determined by the home buyer.
HUD 504:
Accessibility Standards

Published by the Access Board (Architectural,
Transportation Barriers Compliance Board)
–


Enforced by HUD
Note: bedrooms of accessible dwelling units
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19
www.access-board.gov/ufas/ufas-html/ufas.htm
UFAS requires at least 2 bedrooms to be on an
accessible route within the unit
However, because of HUD 504 regulation to provide
equal benefit, all bedrooms in an accessible dwelling
are required to be on an accessible route.
HUD Section 504: Program Access
Existing Programs

If the recipient has a facility or housing that is not
accessible, people with disabilities cannot be excluded
from accessing, participating in or benefiting from a
federally-assisted program or activity. -- Section 8.20


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– Non-housing facilities
 Facilities existing at time HUD regulations were published in 1988
 Alterations, other methods and Transition Plans
 Locating an existing facility
 New construction
- Housing buildings and dwelling units
 Alterations
 Substantial alterations
 Transition Plan
Program Accessibility:
Non-housing programs
•
Non-housing facilities
•
21
Alterations – to the maximum extent feasible
be made readily accessible to and usable by
people with disabilities.
• That does not impose an undue
administrative and financial burden on the
operation of the program or activity.
Program Accessibility:
Non-housing programs
•
22
A program or activity has to be viewed in its
entirety to determine whether it is accessible
to people with disabilities
• Not every non-housing facility has to be
made accessible
• Applies to existing programs at the time
HUD 504 regulations were made final.
Program Accessibility:
Non-housing programs

Other ways to make a program accessible
–
Recipient can relocate its program to another
building that is accessible

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Currently owns; acquire new building or new-construct
Relocate program to another floor or area of the
building that is accessible
Make alterations to a certain area or rooms of the
building to be accessed by the public
Make home visits
Program Accessibility:
Non-housing programs

In selecting methods, the agency must ensure
that the program or activity is provided in the
most integrated setting
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24
If the program involves group sessions, consider
that location to be made accessible or relocate the
sessions to another location vs. meeting individuals
with disabilities separately at another location.
Impact of equal access, benefit and
participation in Program Accessibility

Now that HUD’s 504 implementation regulations have
been around since 1988, agencies and housing
providers should be familiar with the need for physical
access to support program accessibility.
– HUD 504 regulation requires under the
discrimination prohibited section:
 In
determining a site or location to operate a
federally-assisted program, should not make
selections which would exclude people with
disabilities or deny the benefits of.
25
Program Accessibility:
Existing Housing & Transition Plans

If private, HUD-assisted provider is to
make structural modifications (Sec 8.24)
had to develop a transition plan – which
initially was due by Jan 1989.
 Must continue to update Transition Plans as
barriers are identified through self-evaluations.
 Transition Plans are required to be made available
for public review.
 Recipients
26
Program Accessibility:
Transition Plans
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27
cont.
Identify physical obstacles
Describe in details the methods that will be
used to make the facilities accessible
Specify the schedule for taking the steps
needed to remove physical obstacles
Indicate the staff person responsible in
overseeing the plan
Identify the persons or groups involved in
preparation for the plan.
Public Housing Agencies:
Transition Plan and Needs Assessment

Assess the needs of current tenants and
applicants for accessible units to determine
how many accessible units are needed.
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Continue to be encouraged by HUD to conduct a
needs assessment at least annually.
Work with people with disabilities and advocacy
groups.
Were to develop a transition plan to show what
will be done over the next 4 years.
Self-Evaluation Plan:
All assisted programs
(§8.51)
Required by Section 504
 If state and locally funded, ADA Title II
 Agency is required to consult with people with
disabilities and advocate groups
 Evaluate all policies and procedures to identify
any discrimination and to ensure program
accessibility
 Review employment policies
 Review of housing policies

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Self-Evaluation Plan
cont.
Rewrite those policies that do not meet 504
requirements
 Write corrective action plan and take corrective
steps to remedy the discrimination
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Self-Evaluation Plan

cont.
Areas to be evaluated:
Buildings or facilities for physical accessibility
 Program outreach and communication
 Eligibility and admission criteria and practice
 Distribution and Occupancy policy and practice
 Percentage of accessible units
 Employment (including pre-employment)
 Complaint processing procedure

31
Program Accessibility:
Housing Programs
 New
Construction – Section 8.22
 Housing
built after 1988; rental and sales
 A minimum of 5% of the total of the dwelling
units or least one unit whichever is greater,
shall be designed and constructed to be
accessible for persons with mobility
impairments. An additional 2% of the units
(but not less than one unit) shall be
accessible to persons with vision or hearing
impairments.
32
Program Accessibility:
Housing Programs
 Existing
Housing Facilities – (as of June
1988)
 Substantial
alterations – Section 8.23 (a)
If alterations are undertaken to a project that has 15
or more units and the cost of the alterations is 75% or
more of the replacement cost of the completed
facility, then the provisions of §8.22 for new
construction shall apply.
* apply UFAS accessibility standards (or stricter)

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33
Dwelling units
Common and public areas
Program Accessibility:
Housing Programs
 Other
alterations–Section 8.23 (b)
 Other
alterations made to dwelling units and
common areas must, to the maximum extent
feasible, be made accessible.
 Up
to the point where it would not impose an undue
financial and administrative burden
 For
example, if the front entrance was renovated,
instead of replacing the 2 steps, the entrance
walkway should be graded.
 If alterations include both kitchen and bathroom then
entire unit must be made accessible, including
entrance door.
34
Need for more than 5 percent
accessible units

For both new construction and alterations
to existing housing:
A
recipient of a federally-assisted housing
activity may request to HUD to make
more than minimum required amount
accessible based upon documentation
showing need (using census data or other
current data).
35
Program Accessibility –
Housing Providers


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36
Accessible units should be evenly distributed
throughout the different sites, to include
comparable number of bedroom sizes and
amenities
Advertising and outreach to people with
disabilities
Maximize the use of available accessible units
Lease agreements for renters without
disabilities occupying accessible units
Program Accessibility: Reasonable
Accommodations
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37
Must provide reasonable accommodations
Make a change, adaptation or modification to a rule,
policy, practice, procedures or to a workplace which
will allow a person with a disability to participate fully
in a program, to use and enjoy a dwelling unit,
common and public areas, take advantage of a
service, or perform a job.
Examples:
 Assisting an individual with limited mobility with
filling out an application.
 Home visit if the person has no transportation to
get to the facility or site.
Program Accessibility: Reasonable
Accommodations
 Mail
38
a rental or program application to the individual who is
not able to come to the site because of their disability.
 Provide services in another location that is served by
paratransit.
 Accepting a professional or personal reference if an
applicant does not have a recent rental reference after
being in a nursing home for several years.
 Post reminders on apartment door for rent due for a tenant
with a brain injury.
 Unit modifications – ramps, grab bars, wall-hung bath sink,
automatic door opener
 Assigning a larger sized unit to accommodate a live-in
aide.
Reasonable accommodation
requests

Who covers costs for reasonable
accommodations?


Housing provider or the agency operating the
program, activity or service
What is reasonable?
Will not impose an undue financial and
administrative burden on the agency/housing
provider
 Will not result in a fundamental alteration in the
nature of the program or operations

39

Ex – a request to provide housekeeping services which are
not already included in the housing program
Reasonable Accommodations

If the request is determined to be
unreasonable, the agency or housing provider
can offer another accommodation.
–
–

40
Will need to meet the needs of the individual.
Or, the individual can request another type of
accommodation.
Staff needs to be aware that the individual may
not use the term “reasonable accommodation”
when requesting an accommodation.
Section 8 HCV Program:
Program Accessibility
•
Ensure that public notices and advertisements
reach people with disabilities.
•
•
•
41
Send to organizations and interest and advocate
groups that assist people with disabilities.
Include nursing homes, long-stay hospitals and
ICFs/MR.
Provide various ways to advertise – internet,
churches, social service programs, senior service
agencies, libraries, etc.
Section 8 HCV Program:
Program Accessibility
•
Encourage owners with accessible units to
participate
•
•
•
•
42
Single family homes – constructed or modified
Apartments – buildings with 4 or more units
constructed after March 1991 are to meet FHAA
accessibility requirements
Older apartments – modified by owner or previous
tenant
Educate owners on “value of accessibility” as an
incentive to modifying existing housing
Section 8 HCV Program:
Program Accessibility
•
Include accessible housing in the current
housing referral list
•
43
In most cases, which is required, the Section 8
worker will need to assist the individual in locating
an available accessible unit.
Section 8 HCV Program:
Program Accessibility
•
Agency is required to provide search
extensions to accommodate those having
difficulty with locating accessible housing.
•
•
44
An accommodation can include allowing the
individual to port the voucher to another location.
To promote Money Follows the Person, HUD
encourages agencies to modify policies to include a
longer initial search time for individuals transitioning
from nursing homes and other institutions (HUD PIH
Notice 2005-05).
Section 8 HCV Program:
Program Accessibility

The only option for an accessible housing
could be for a unit that has a higher rent than
what the payment standard allows
–
–

45
The agency is required to request an exception
above 110% of the FMR to the HUD field office.
Above 120% to the Headquarters office.
Required to contract with landlords assuring
that they will not discriminate applicants and
renters on the basis of disability.
Section 8 HCV Program:
Program Accessibility

It is recommended that Section 8 workers be
knowledgeable of FHA protections concerning
illegal questioning, providing reasonable
accommodations, permitting reasonable
modifications and if new construction, meeting
FHAA accessibility requirements.
–
46
To effectively ensure that a HCV recipient has equal
opportunity to housing and able to fully use and
enjoy the dwelling; thereby, have opportunity to
benefit from the Section 8 program.
Section 504: Policy Evaluation and
Grievance Procedures

Designate 504 Coordinator - Section 8.53
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47
Federally-assisted entities with 15 or more
employees must designate at least one employee to
oversee its compliance with Section 504. Grievance
procedures must be established for recipients of
federal assistance.
HUD Section 504 Resources on CD
•
•
•
48
HUD PIH Notice 2006-13 – Non-Discrimination
and Accessibility For Persons with Disabilities
Reasonable Accommodation Resource Guide,
M Yohe, Office of Public Housing, US HUD
HUD Notice H 01-02 – compliance with Section
504 and the Disability/Accessibility Provisions
of the FHA of 1988 (private, MFH providers)
Fair Housing Amendments Act

49
Disability Related Provisions
Fair Housing Act
Protections for People with Disabilities

Illegal Inquiries
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–
50
it is illegal to inquire whether a person has a
disability
to make an inquiry as to the nature or
severity of a person’s disability
Fair Housing Act
Protections for People with Disabilities
 Do
you take medications?
 Why do you receive SSI?
 Have you been in a drug rehab program?
 Do you have a disability?
 Are you able to live independently?
 Are you sure you can live alone?
51
Fair Housing Act
Protections for People with Disabilities

Certain questions are permitted only if they are
asked of all applicants
 Whether
the person can meet the requirements
of ownership or tenancy
 Whether the person is qualified for housing that
is designated only to persons with disabilities or
to persons with particular types of disabilities
–
52
In assisted housing, HUD permits designated housing
for people with physical disabilities, developmental
disabilities, or chronic mental illness.
Fair Housing Act
Protections for People with Disabilities

The Act does not protect a person whose
disability
–
would constitute a direct threat to the health
and safety of other individuals
 must
be supported with recent, credible,
objective evidence
–
53
would result in substantial physical damage
to the property of others
Fair Housing Act
Protections for People with Disabilities

Right to request a reasonable
accommodation
–
54
it is illegal to refuse to make reasonable
accommodations in rules, policies, practices,
or services, when such accommodations
may be necessary to afford such person
equal opportunity to use and enjoy a
dwelling
 to
include public and common use areas
Reasonable Accommodations

Examples:
–
–
–
–
–
55
Reserved accessible parking space
Notification in advance for tenant with chemical
sensitivity of painting and pest treatments.
Waiving parking fees for personal assistant.
A landlord assists an applicant with a cognitive
disability in completing an application.
A landlord makes an exception of the “no pet” policy
for a tenant who needs a service animal.
Reasonable Accommodations

When requesting an accommodation, person
must show
–
–
–
has a disability as defined in the Act
notify the landlord that they have a disability (if
necessary, doctor’s note for verification)
Why the request is necessary to be able to use
and enjoy the dwelling

56
Example – because of my disability, would not be
able to live in the dwelling without their service
animal.
Reasonable Accommodations

Other facts:
–
–
57
To ignore or deny an accommodation
request is illegal
A person with a disability can request more
than one accommodation during their
tenancy
Reasonable Accommodations

A housing provider can only deny an
accommodation request if:
–
the request would impose an undue burden


–
it would cause a fundamental alteration

58
an unreasonable financial or administrative burden
look at the overall financial resources available to the
provider
a significant change in the nature of services provided
(for instance, the housing provider paying for home care
services, taking care of a pet for someone who could not
because of their disability).
Reasonable Accommodations

Can be requested:
–
While applying for housing -
an accommodation can be requested that would help
you meet tenancy requirements to qualify as a tenant
–
59
An applicant may not have regular tenant histories
because they have been living in a nursing home for
several years. They can request accommodation to
provide a letter from a service provider assuring the
landlord that the person is reliable to pay the rent on
time.
Reasonable Accommodations

When the tenant is being evicted because of a lease
violation
– tenant has to show that the lease violation or behavior
was caused by his disability
– the accommodation has to enable the tenant to
comply with the lease

60
Example, acquire treatment that would resolve
disturbing and threatening behavior to other tenants.
Reasonable Accommodations

During tenancy:
–
If tenant becomes disabled or disability becomes
more severe, they may need to move to an
accessible or ground floor apartment.
Can request to transfer lease and security deposit
to another unit.
 Can request to be permitted to terminate the lease
with loss of security deposit and other penalties.

61
Reasonable Modifications

Right to request a reasonable modification
–
62
It is illegal for any person to refuse to permit, at the
expense of a person with a disability, reasonable
modifications of existing premises occupied or to
be occupied by such person if such modifications
may be necessary to afford such person full
enjoyment of the premises, except that, in the
case of a rental, the landlord may where it is
reasonable to do so condition permission for a
modification on the renter agreeing to restore the
interior of the premises to the condition that
existed before the modification, reasonable wear
and tear excepted.
Reasonable Modifications



63
Modification - means any change to the
public or common areas of a building or any
change to a dwelling unit.
At the tenant’s expense
May be required to make restorations.
Reasonable Modifications

The tenant does not have to restore all
modifications.
–
–
64
Example: a widened doorway would not interfere
with the next tenant’s use of the apartment.
Modifications made to the public and common
areas are not required to be restored.
Reasonable Modifications


65
Tenant has to ensure that the work will be
done in a workmanlike fashion.
For interior modifications, the tenant may be
required to establish an escrow account to
cover the costs of restoring major changes
(that would interfere with the next tenant’s use
of the unit) to its original condition; such as
restoring kitchen cabinets to their original
height.
Reasonable Modifications


66
If the next tenant wishes to keep the
modifications in place; then the landlord is
required to return the escrow deposit to the
previous tenant.
It is recommended that modifications remain in
place to increase options for accessible
housing and because there is a demand for
these features.
Fair Housing Act:
Design and Construction Requirements


Applies to multifamily dwellings with four or
more units which were constructed for first
occupancy on or after March 13, 1991.
Design and construction requirements apply
to the following:
–
–
67
all dwelling units in buildings containing 4 or more
units if the buildings have one or more elevators
all ground floor dwelling units in other buildings
containing 4 or more units (no elevator)
Design and Construction Requirements

Buildings that are not covered:



68
Detached single family homes
Duplexes or triplexes
Multistory townhouses (this is because the entire
unit is not on the ground floor)
Design and Construction Requirements

69
If the building contains multistory townhouses
and single story units, the building as a whole
is covered under the FHA, which means that
the single story units on the ground floor have
to be in compliance and all single story if
there is an elevator.
Design and Construction Requirements


70
A multistory unit would be covered if it
contains an elevator that provides access to
the different levels of the townhouse.
If the entry level of the multistory unit has
access to a public elevator, then that level
must comply to accessibility requirements.
Design and Construction Requirements

HUD has adopted 7 “safe harbors” for
accessibility standards





71
ANSI A117.1 (1986, 1992, 1998)
HUD FHAAG (issued 1991)
The Fair Housing Act Design Manual (1998)
Code Requirements for Housing Accessibility
2000
International Building Code 2000 with 2001
Supplement
Design and Construction Requirements
Meeting the Guidelines
cannot be
considered fully
accessible; however
it does give people
with disabilities
greater freedom to
choose where they
live.
72
Design and Construction Requirements
7 Technical Requirements
1. An accessible building entrance on an
accessible route
•
•
73
if there are separate entrances for ground
floor units, each entrance must be
accessible.
if there are common entrances to a multiunit building, at least one entrance-primarily used by residents for entering
the building--must be accessible.
Design and Construction Requirements
7 Technical Requirements

74
An accessible entrance must be located on a
route that a person in a wheelchair can easily
travel, and must lead to and from meaningful
locations such as parking, dumpsters, public
transportation, other buildings in the complex,
and amenities such as laundry rooms and
recreational facilities.
Design and Construction Requirements
7 Technical Requirements
2. Accessible public and common use areas
•
•
75
Parking areas, passenger loading areas, lobbies,
lounges, halls and corridors, elevators, public
restrooms, and rental or sales offices must be
accessible.
Drinking fountains, mailboxes, laundry rooms,
community and exercise rooms, swimming pools,
playgrounds, recreation facilities and nature trails
must be accessible.
Design and Construction Requirements
7 Technical Requirements
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76
At least half of the
drinking fountains
should be
accessible.
Design and Construction Requirements
7 Technical Requirements

77
Bathrooms in a
public area must be
accessible with grab
bars and
maneuvering space.
Design and Construction Requirements
7 Technical Requirements

78
Dumpster should be
accessible.
Design and Construction Requirements
7 Technical Requirements
3.
Usable doors
•
•
•
79
Doors must be wide enough to enable a person in
wheelchair to maneuver through them easily.
Public and common use doors, doors leading into
an individual dwelling unit, and all doors within the
unit are included.
Doors must have a minimum clear opening width
of 32 inches (measure from face of the door to the
stop, with the door open 90 degrees).
Design and Construction Requirements
7 Technical Requirements
3.
Usable doors (cont.)
•
•
80
All types of doors are covered, including hinged
doors, sliding doors and folding doors.
Doors leading to any outdoor amenities the unit
may have, such as a balcony, patio or garage, are
covered. If a deck or garage has doorways
leading to two or more separate rooms, all these
doors must be usable.
Design and Construction Requirements
7 Technical Requirements
4. Accessible routes into and through the dwelling
unit.
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81
The threshold of a unit’s exterior doors may not exceed 3/4 inch (this also applies to sliding door tracks).
In single-story units, changes in height of 1/4 to 1/2
inch must be beveled. Those greater than 1/2 inch
must be ramped or have other means of access.
An accessible route inside the unit must have a
minimum clear width of 36 inches.
Hallways, passages, and corridors must be wide
enough to allow room to maneuver a wheelchair
throughout the unit.
Design and Construction Requirements
7 Technical Requirements
5. Light switches, electrical outlets, thermostats,
and other environmental controls in
accessible locations
–
Controls must be no lower than 15 inches from the
floor and no higher than 48 inches.
6. Reinforced walls in the bathrooms
–
82
To allow later installation of grab bars around the
toilet, tub, shower and shower seat.
Design and Construction Requirements
7 Technical Requirements
7.
Kitchen and bathrooms such that an
individual in a wheelchair can maneuver
about the space.
•
83
Appliances must be located so they can be used by
a person in a wheelchair. A 30 inch by 48 inch
clear floor space is required for a parallel or forward
approach.
Design and Construction Requirements
7 Technical Requirements
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84
A minimum of 40 inches
of clear space is
required in kitchens to
allow a person in a
wheelchair to maneuver
between opposing base
cabinets, countertops,
appliances, or walls.
Design and Construction Requirements
7 Technical Requirements
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85
A U-shaped design
requires a minimum of 5
feet in diameter clear
space, or removable
cabinets at the base of
the “U”.
OR have removable
cabinets under the sink
with 40 inches between
opposing counters.
Design and Construction Requirements
Usable Kitchens and Bathrooms
Enough clear floor
space is required in
bathrooms so that a
person in a
wheelchair can easily
enter, close the door,
use the facilities and
fixtures, and leave.
86
Fair Housing Resources

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87
Fair Housing Amendments Act of 1988
42 USC § 3601 et seq.
Implementing Regulation:
24 CFR Part 14 et al.
Section 504 of the Rehabilitation Act of 1973
29 USC § 794
Implementing Regulation:
24 CFR Part 8
Fair Housing Resources


(cont.)
DOJ/HUD Joint Statement: Reasonable
Accommodations Under the FHA
DOJ/HUD Joint Statement: Reasonable
Modifications Under the FHA
Fair Housing and Related Laws
Impact of Title II of ADA (State and Local Govt)
–
–
–
89
Americans with Disabilities Act of 1990 – newest
federal law that prohibits discrimination based on
disability
Title II covers housing programs, activities and
services operated by state or local governments (for
example, public housing, student housing operated
by state colleges and universities)
Ensures integration for people with disabilities
Fair Housing and Related Laws
Impact of Title II of ADA (State and Local Govt)
–
–
Lack of physical access is discrimination
These programs must follow UFAS or ADAAG as
accessibility standard
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90
requires new construction and alterations to be free of
architectural barriers.
each part of a facility built or altered after January 26, 1992
must be designed and constructed to be accessible.
Requirements for effective communication,
reasonable accommodations, program accessibility,
self-evaluations and transition plans are similar to
HUD 504.
Fair Housing and Related Laws
Impact of Title III of ADA (Public Accommodations)

Public accommodations under Title III must be
accessible to people with disabilities – (in
housing they would be places that serve the
public and not tenants only –
–
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91
sales or rental office, laundry facilities, tennis courts,
recreation rooms, day care centers, or pool areas.
Buildings constructed for use after January 26,
1993 – must be accessible.
Fair Housing and Related Laws
Impact of Title III of ADA (Public Accommodations)

Existing buildings and offices must have
physical barriers removed.
–

entrance, doors, parking and restrooms accessible.
Alterations (include renovations, repair,
remodeling) made after Jan 26, 1992 to
buildings and offices must be made accessible.
– lobby, bathrooms, etc.
Fair Housing and Related Laws
Title II and III of ADA


Enforcement:
US Dept of Justice, Disability Rights Section,
Civil Rights Division, P O Box 66738,
Washington, DC 20035-6738.
Accessibility standards:
–
–
93
Title II covered entities must use UFAS or ADAAG
Title III entities must use ADAAG