Testimonials
“Thanks so much for your help on this. Once again, you have saved me from major heartburn, and I won't forget that as we go through the design of our next project. We'll keep you posted on our progress.”
Brad Miller, President, Encore Multi-Family, LLC
Read more...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 be very expensive. One recent experience indicates the cost of an E&A Accessibility Design Review before constructions costed about perhaps 1/2% of the estimated costs of renovating units into compliance afterward.
FHA Accessibility Consulting Services
-
FHA Facility Accessibility Surveys for FHA/ Code compliance for existing apartment buildings and condominiums for due diligence or other needs - UFAS Compliance for Low Income Housing with Federal Funding
- FHA / Code Accessibility Design Reviews (Plan Reviews) of new designs and construction documents
- Construction Observation for FHA Compliance - Our clients have realized that despite plan reviews, much can and does go awry during construction. For most clients' projects we visit the site 1 - 3 times during construction.
- Design Consulting
-
Litigation Consulting and Testifying Expert Services
E&A has worked both for enforcing agencies and for defendant property owners and developers to assist in resolving compliance issues with consent decrees.
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
- Accessible building entrances on an accessible route - Generally per 1986 ANSI A117.1, or more recent version which satisfies the requirement.
- Accessible and usable public and common use areas - Generally per 1986 ANSI A117.1, or more recent version which satisfies the requirement.
- Usable doors.
- Accessible route into and through the covered dwelling unit.
- Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.
- Reinforced walls for grab bars.
- Usable kitchens and bathrooms.
Building Codes - Accessibility Requirements
Building codes, such as the 2009 International Building Code, typically have additional requirements and/ or more stringent requirements than the FHA. Some states such as California 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.
-
E&A has FHA / Accessibility Consulting experience in many states to include:
Washington, California, Arizona, Idaho, Nevada, Colorado, Utah, Missouri, Illinois, Michigan, Wisconsin, Texas, Tennessee, Louisiana, Oregon, Florida, North Carolina, Georgia, Tennessee, Massachusetts, and Hawaii.
Our ADA/ Code experience includes even more states.
- We have worked with multiple Model Codes including the 2003 - 2009 IBC and unique State Statutory accessibility requirements.
- Mr. Endelman has been a testifying expert for U.S. Department of Justice and for Building Owners for a number of Fair Housing Act compliance cases.
Endelman & Associates PLLC is experienced in the multiple standards, and we are prepared to assist our clients with assessments, design and compliance.
Federally Funded Projects and UFAS Compliance
Many projects being developed today for low and moderate income apartments have direct Federal funding (as opposed to just loan guarantees), which can trigger Uniform Federal Accessibility Standards (UFAS) compliance. There are specific technical requirments that differ from current IBC / ANSI A117.1 Type A accessible units and common use areas. E&A has also worked with a number of Housing Authorities to help assure compliance with UFAS for their Section 504 Housing projects.
