All applaud the efforts of municipalities, counties, and states that address the housing shortages facing the country. òòò½ÊÓƵ they do so, care should be taken to use the correct standards of accessibility.
Many reference the Americans with Disabilities Act (ADA) of 1990 for all accessible needs. This is incorrect. The ADA has five titles: employment; public entities; public accommodations; telecommunications; and miscellaneous. The correct federal law to reference for the construction of multi-family housing units is the design and construction requirements in the federal Fair Housing Amendments Act of 1988 (the Act).
Examining the requirements in the Act, we find that all newly constructed multi-family units of housing of four or more for first occupancy after March 13, 1991, or if the last building permit or renewal was on or before Jan. 13, 1991, the housing must meet the accessibility standards in the Act regardless of the funding source, public or private. The requirements state that all covered dwellings must be accessible and adaptable for wheelchair users. At the time of design, the estimated cost adds 10%, while having to retrofit at a later date becomes much more expensive. If receiving any federal funds, an additional 5% of covered dwellings must be completely accessible.
If the dwellings are in a building of more than one floor and the building has no elevator, all units on the first floor must meet standards in the Act. For units located on multiple floors with an elevator, all units on all floors must meet the standards in the Act. Bathrooms must have reinforced walls to accommodate grab bars for toilets, shower stalls, and tubs. They must have usable kitchens such that a person in a wheelchair can maneuver in the space per the regulations. All common areas such as parking, office, recreation facilities, swimming pools, tennis courts, playgrounds, community rooms, public telephones, drinking fountains, etc. must be accessible to persons with disabilities. This will require an accessible pathway, an accessible entrance, and a 36-inch pathway throughout all areas of the units and doors with a clearance of 32 inches when opened at a 90-degree angle. The Act also stipulates standards for environmental controls.
Exceptions include dwellings of less than four units, impracticability because of terrain, and townhouses of more than one level. Units covered by the Act include those units of four or more in different buildings or locations by the same entity. The burden to show exceptions is on the architect, contractor, and code enforcement officer. Ignorance of the Act is not an acceptable defense for non-compliance of a law that became effective over 34 years ago. Those having a standing to file (ability to show harm) include individuals with disabilities and/or groups that represent those affected.
For more information, find the detailed standards in the FHAA design and construction manual.
Carole Boster is a Huntington resident and a retired investigator and compliance officer for the U.S. Department of Housing and Urban Development.
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