Accessibility Consulting ADA - FHA Compliance
  William E. Endelman, AIA, Principal
Seattle - Corporate Offices Scottsdale, AZ

   FHA - Fair Housing Act Compliance
      Accessibility for Multi-Unit Housing

All ground floor apartments and condominiums and all apartments and condominiums  in elevator buildings of four or more units (subject to other specific exemptions), built for first occupancy after March 13, 1991, are required to comply with the Fair Housing Act (FHA) as amended in 1988.  The Fair Housing Accessibility Guidelines were developed by HUD to provide a "safe harbor" for compliance with the Act.  Common use areas outside the units must comply with the 1986 ANSI A117.1 technical standards, or other more stringent nationally recognized standard.  There are currently 10 approved "safe harbors" for compliance.  However, the FHA Guidelines provides scoping, or when to apply technical standards.

Multi-unit housing also must also be built to comply with the locally adopted building code and other State statutes on accessibility.   Most Building Codes require a small percentage of units to meet higher accessibility standards,  called Type A Units.  The remaining units need to meet Type B standards, which is similar to, but not identical to the FHA Guidelines.  Additionally, the ADA applies to parts of mixed use buildings and community amenities not used solely for the residents.

Unfortunately, many apartment complexes built during the 1990s are not fully compliant, and some significantly non-compliant!  This often surfaces as apartment complexes are sold to new Owners who perform due diligence for purchase, or by banks during a refinancing process..  There are also individuals and advocacy groups who file complaints of non-compliance.  Endelman & Associates PLLC is prepared to assist you with apartment accessibility issues..

  Does your apartment or condominium building comply?

The cost of a small dimensional mistake in a kitchen or bathroom gets multiplied by a large number of units and can cost BIG $.   Recent experience indicates the cost of an E&A Accessibility Design Review before constructions costs about perhaps 1/2% of the estimated costs of renovating units into compliance afterward.

FHA Accessibility Consulting Services:

The Fair Housing Act requires that covered units must be accessible and usable by persons with disabilities.  The Fair Housing Accessibility Guidelines, a  "safe harbor" for compliance with the FHA lists 7 requirements, slightly reworded from the original FHA Law:
 

Seven FHA Guidelines Requirements

1. Accessible building entrances on an accessible route - Generally per 1986 ANSI A117.1, or more recent version which satisfies the requirement.
   
   
2. Accessible and usable public and common use areas - Generally per 1986 ANSI A117.1, or more recent version which satisfies the requirement.
   
   
3. Usable doors.
   
   
4. Accessible route into and through the covered dwelling unit.
   
   
5. Light switches, electrical outlets, thermostats and
   other environmental controls in accessible locations.
   
   
6. Reinforced walls for grab bars.
   
   
7. Usable kitchens and bathrooms.

 

 Building Codes - Accessibility Requirements

Building codes, such as the Uniform Building Code and International Building Code, typically have additional requirements and/ or more stringent requirements than the FHA.   Some states such as California and Washington have adopted their own codes or significant revisions to the model codes.  For developers who build apartments in multiple states, it is risky to assume that what is compliant in one state will comply in another state.

Endelman & Associates PLLC is experienced in the multiple standards, and we are prepared to assist our clients with assessments, design and compliance.

Let us know if we can assist you.

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Last modified: Thursday March 18, 2010