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Advanced Fair HousingAct OR The Seven DeadlySins of the FHA
Whatrsquos happening
Whatrsquos changing
Will it ever get updated
What Does it all Mean
What About the Other Codes
HELP HELP HELP
The attached information is for your review to let you know about the requirements of the Stateof Floridas and the Federal Fair Housing Act the FACBC and the ADA These materials areprovided for informational purposes only and are intended to serve as a guide for the designprofessional Users must bear any risks andor liabilities associated with the use andorinterpretations of these materials and shall bear the sole responsibility to evaluate theinformation provided to form their own independent judgment as to using it
So be ready for accessibility compliance issues NOW
Compliments of Larry M Schneider AIA
Com plim ents 0f
February 2008 Larry M Schneider A IA
Technical Assistance Resources for the ADA - The Fair Housing Act and The
Florida Accessibility Code for Building Construction - Chapter 11 of the
Florida Building Code
US Department of JusticeTechnical assistance regarding applicability of the ADA Title III and interpretations of legal
questions regarding enforcement 800-5140301
World Wide Web Home Page wwwadagov
Regional Disability amp Business Technical Assistance CenterLocal technical assistance regarding any aspect of the ADA 800-9494232
US Architectural amp Transportation Barriers Compliance Board (ACCESS BOARD)Technical assistance re the technical criteria of the ADAAG 800-USA-ABLE
Phone 202-2725434
Fax 202-2725447
World Wide Web Home Page wwwaccess-boardgov
Equal Employment Opportunity CommissionTechnical assistance on the ADA Title I provisions applying to employment also provides
information on how to file ADA complaints
Employment questions 800-6694000 (voice) or 800-6696820 (tty)
Employment documents 800-6693362 (voice) or 800-8003302 (tty)
Job Accommodation Network (JAN)Offers employers advice on cost and means of making accommodations accessible
Telephone 800-5267234(vtty)
ADA information line 800-2329675
World Wide Web Home Page httpjanwebicdiwvuedu
Internal Revenue ServiceProvides information about tax code provisions including tax credits (section 44) and deductions
(section 190) that can assist businesses in complying with the ADA
Tax code information 800-8291040 (voice) 800-8294059 (tty)
World Wide Web Home Page wwwirsgov
Fair Housing Information ClearinghouseHUD Web SiteProvides Information Regarding the Fair Housing Act and Private Accessible Housing
Order Design Manual 800-7677468
World Wide Web Home Page wwwfairhousingfirstorg
Florida Department of Community Affairs - Codes and Standards SectionResponding to questions on the Florida Accessibility Code for Building Construction
Telephone 850-4871824
World Wide Web Home Page wwwfloridabuildingorg
Larry M Schneider AIA Accessibility ConsultantOffers general accessibility consulting for the ADA the Fair Housing Act and the Florida
Accessibility Code for Building Construction
Telephone 786-3361984
Fax 786-3361985
E-Mail LarryLMSArchnet
Compliments ofLarry M Schneider AIA Page 1 of 1 February 2008
THE RECOMMENDED ldquoTOOLS OF THE TRADErdquo FOR ACCESSIBILITY SITE REVIEWS
The recommended ldquotools of the traderdquo for accessibility site reviews are and can be found atthe following places
1 ADA tape measure by Starrett which is 25 foot which can be found atwwwstarrettcom or any tape measure (recommend a minimum of 25 feet)
2 The leveling device is a M-D Building Products 92379 24-Inch SmartTool with Module andCase by M-D Building Products The current price is $10999 and it can be found atwwwtoolcribofthenorthcom The slope meter comes in a 6 inch 2 foot and 4 footsize At a minimum we would recommend the 2-foot unit Consider the 6-inch modulealso (for doingreviewing curb work)
3 Door pressure gauge can be purchased from HMC INTrsquoL DIV INC Littleton Colorado Phone number is 1-800-8484912 ext 4452 Need to fax in your order to 303-7943703and you would be looking for model number DPG-PP 0-35 pound force range(estimated cost $3000 each) - wwwhmc-internationalcom
4 Digital camera Model and style of your choice
5 Consider a dictaphone or good old fashion pencil and paper
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
SAFE HARBORS
What are the ten safe harbors for compliance with the Fair Housing Act and where I can I find them
HUD recognizes ten safe harbors for compliance with the Fair Housing Acts design and construction requirements They are
1 HUD Fair Housing Accessibility Guidelines published on March 6 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines Questions and Answers about the Guidelines published on June 28 1994
2 HUD Fair Housing Act Design Manual 3 ANSI A1171 (1986) used with the Fair Housing Act HUDs regulations and the
Guidelines 4 CABOANSI A1171 (1992) used with the Fair Housing Act HUDs regulations and the
Guidelines 5 ICCANSI A1171 (1998) used with the Fair Housing Act HUDs regulations and the
Guidelines 6 Code Requirements for Housing Accessibility 2000 (CRHA) 7 International Building Code 2000 as amended by the 2001 Supplement to the
International Codes 8 International Building Code 2003 with one condition 9 ICCANSI A1171 (2003) used with the Fair Housing Act HUDs regulations and the
Guidelines 10 International Building Code 2006 with the January 31 2007 Errata
Effective February 28 2005 HUD determined that the IBC 2003 is a safe harbor conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating ICC interprets Section 11041 and specifically the exception to Section 11041 to be read together with Section 11074 and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances unless site impracticality applies Exception 1 to Section 11074 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 11077
Information about these safe harbors as well as HUDrsquos policy with respect to their use may be found in Report of HUD Review of the Fair Housing Accessibility Requirements in the 2006 International Building Code
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
76020 Fair Housing Act short title--Sections 76020-76037 may be cited as the Fair Housing Act
76022 Definitions--As used in ss 76020-76037 the term
(1) Commission means the Florida Commission on Human Relations
(2) Covered multifamily dwelling means
(a) A building which consists of four or more units and has an elevator or
(b) The ground floor units of a building which consists of four or more units and does not have an elevator
76023 Discrimination in the sale or rental of housing and other prohibited practices
(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer to refuse to negotiate for the sale or rental of or otherwise to make unavailable or deny a dwelling to any person because of race color national origin sex handicap familial status or religion
(2) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race color national origin sex handicap familial status or religion
(3) It is unlawful to make print or publish or cause to be made printed or published any notice statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference limitation or discrimination based on race color national origin sex handicap familial status or religion or an intention to make any such preference limitation or discrimination
(4) It is unlawful to represent to any person because of race color national origin sex handicap familial status or religion that any dwelling is not available for inspection sale or rental when such dwelling is in fact so available
(5) It is unlawful for profit to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race color national origin sex handicap familial status or religion
(6) The protections afforded under ss 76020-76037 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years
(7) It is unlawful to discriminate in the sale or rental of or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
Compliments of Page 1 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(c) Any person associated with the buyer or renter
(8) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
(c) Any person associated with the buyer or renter
(9) For purposes of subsections (7) and (8) discrimination includes
(a) A refusal to permit at the expense of the handicapped person 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 or
(b) A refusal 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
(10) Covered multifamily dwellings as defined herein which are intended 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 as determined by commission rule Such buildings shall also be designed and constructed in such a manner that
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons
(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair
(c) All premises within such dwellings contain the following features of adaptive design
1 An accessible route into and through the dwelling
2 Light switches electrical outlets thermostats and other environmental controls in accessible locations
3 Reinforcements in bathroom walls to allow later installation of grab bars
4 Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space
Compliments of Page 2 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Com plim ents 0f
February 2008 Larry M Schneider A IA
Technical Assistance Resources for the ADA - The Fair Housing Act and The
Florida Accessibility Code for Building Construction - Chapter 11 of the
Florida Building Code
US Department of JusticeTechnical assistance regarding applicability of the ADA Title III and interpretations of legal
questions regarding enforcement 800-5140301
World Wide Web Home Page wwwadagov
Regional Disability amp Business Technical Assistance CenterLocal technical assistance regarding any aspect of the ADA 800-9494232
US Architectural amp Transportation Barriers Compliance Board (ACCESS BOARD)Technical assistance re the technical criteria of the ADAAG 800-USA-ABLE
Phone 202-2725434
Fax 202-2725447
World Wide Web Home Page wwwaccess-boardgov
Equal Employment Opportunity CommissionTechnical assistance on the ADA Title I provisions applying to employment also provides
information on how to file ADA complaints
Employment questions 800-6694000 (voice) or 800-6696820 (tty)
Employment documents 800-6693362 (voice) or 800-8003302 (tty)
Job Accommodation Network (JAN)Offers employers advice on cost and means of making accommodations accessible
Telephone 800-5267234(vtty)
ADA information line 800-2329675
World Wide Web Home Page httpjanwebicdiwvuedu
Internal Revenue ServiceProvides information about tax code provisions including tax credits (section 44) and deductions
(section 190) that can assist businesses in complying with the ADA
Tax code information 800-8291040 (voice) 800-8294059 (tty)
World Wide Web Home Page wwwirsgov
Fair Housing Information ClearinghouseHUD Web SiteProvides Information Regarding the Fair Housing Act and Private Accessible Housing
Order Design Manual 800-7677468
World Wide Web Home Page wwwfairhousingfirstorg
Florida Department of Community Affairs - Codes and Standards SectionResponding to questions on the Florida Accessibility Code for Building Construction
Telephone 850-4871824
World Wide Web Home Page wwwfloridabuildingorg
Larry M Schneider AIA Accessibility ConsultantOffers general accessibility consulting for the ADA the Fair Housing Act and the Florida
Accessibility Code for Building Construction
Telephone 786-3361984
Fax 786-3361985
E-Mail LarryLMSArchnet
Compliments ofLarry M Schneider AIA Page 1 of 1 February 2008
THE RECOMMENDED ldquoTOOLS OF THE TRADErdquo FOR ACCESSIBILITY SITE REVIEWS
The recommended ldquotools of the traderdquo for accessibility site reviews are and can be found atthe following places
1 ADA tape measure by Starrett which is 25 foot which can be found atwwwstarrettcom or any tape measure (recommend a minimum of 25 feet)
2 The leveling device is a M-D Building Products 92379 24-Inch SmartTool with Module andCase by M-D Building Products The current price is $10999 and it can be found atwwwtoolcribofthenorthcom The slope meter comes in a 6 inch 2 foot and 4 footsize At a minimum we would recommend the 2-foot unit Consider the 6-inch modulealso (for doingreviewing curb work)
3 Door pressure gauge can be purchased from HMC INTrsquoL DIV INC Littleton Colorado Phone number is 1-800-8484912 ext 4452 Need to fax in your order to 303-7943703and you would be looking for model number DPG-PP 0-35 pound force range(estimated cost $3000 each) - wwwhmc-internationalcom
4 Digital camera Model and style of your choice
5 Consider a dictaphone or good old fashion pencil and paper
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
SAFE HARBORS
What are the ten safe harbors for compliance with the Fair Housing Act and where I can I find them
HUD recognizes ten safe harbors for compliance with the Fair Housing Acts design and construction requirements They are
1 HUD Fair Housing Accessibility Guidelines published on March 6 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines Questions and Answers about the Guidelines published on June 28 1994
2 HUD Fair Housing Act Design Manual 3 ANSI A1171 (1986) used with the Fair Housing Act HUDs regulations and the
Guidelines 4 CABOANSI A1171 (1992) used with the Fair Housing Act HUDs regulations and the
Guidelines 5 ICCANSI A1171 (1998) used with the Fair Housing Act HUDs regulations and the
Guidelines 6 Code Requirements for Housing Accessibility 2000 (CRHA) 7 International Building Code 2000 as amended by the 2001 Supplement to the
International Codes 8 International Building Code 2003 with one condition 9 ICCANSI A1171 (2003) used with the Fair Housing Act HUDs regulations and the
Guidelines 10 International Building Code 2006 with the January 31 2007 Errata
Effective February 28 2005 HUD determined that the IBC 2003 is a safe harbor conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating ICC interprets Section 11041 and specifically the exception to Section 11041 to be read together with Section 11074 and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances unless site impracticality applies Exception 1 to Section 11074 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 11077
Information about these safe harbors as well as HUDrsquos policy with respect to their use may be found in Report of HUD Review of the Fair Housing Accessibility Requirements in the 2006 International Building Code
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
76020 Fair Housing Act short title--Sections 76020-76037 may be cited as the Fair Housing Act
76022 Definitions--As used in ss 76020-76037 the term
(1) Commission means the Florida Commission on Human Relations
(2) Covered multifamily dwelling means
(a) A building which consists of four or more units and has an elevator or
(b) The ground floor units of a building which consists of four or more units and does not have an elevator
76023 Discrimination in the sale or rental of housing and other prohibited practices
(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer to refuse to negotiate for the sale or rental of or otherwise to make unavailable or deny a dwelling to any person because of race color national origin sex handicap familial status or religion
(2) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race color national origin sex handicap familial status or religion
(3) It is unlawful to make print or publish or cause to be made printed or published any notice statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference limitation or discrimination based on race color national origin sex handicap familial status or religion or an intention to make any such preference limitation or discrimination
(4) It is unlawful to represent to any person because of race color national origin sex handicap familial status or religion that any dwelling is not available for inspection sale or rental when such dwelling is in fact so available
(5) It is unlawful for profit to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race color national origin sex handicap familial status or religion
(6) The protections afforded under ss 76020-76037 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years
(7) It is unlawful to discriminate in the sale or rental of or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
Compliments of Page 1 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(c) Any person associated with the buyer or renter
(8) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
(c) Any person associated with the buyer or renter
(9) For purposes of subsections (7) and (8) discrimination includes
(a) A refusal to permit at the expense of the handicapped person 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 or
(b) A refusal 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
(10) Covered multifamily dwellings as defined herein which are intended 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 as determined by commission rule Such buildings shall also be designed and constructed in such a manner that
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons
(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair
(c) All premises within such dwellings contain the following features of adaptive design
1 An accessible route into and through the dwelling
2 Light switches electrical outlets thermostats and other environmental controls in accessible locations
3 Reinforcements in bathroom walls to allow later installation of grab bars
4 Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space
Compliments of Page 2 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Compliments ofLarry M Schneider AIA Page 1 of 1 February 2008
THE RECOMMENDED ldquoTOOLS OF THE TRADErdquo FOR ACCESSIBILITY SITE REVIEWS
The recommended ldquotools of the traderdquo for accessibility site reviews are and can be found atthe following places
1 ADA tape measure by Starrett which is 25 foot which can be found atwwwstarrettcom or any tape measure (recommend a minimum of 25 feet)
2 The leveling device is a M-D Building Products 92379 24-Inch SmartTool with Module andCase by M-D Building Products The current price is $10999 and it can be found atwwwtoolcribofthenorthcom The slope meter comes in a 6 inch 2 foot and 4 footsize At a minimum we would recommend the 2-foot unit Consider the 6-inch modulealso (for doingreviewing curb work)
3 Door pressure gauge can be purchased from HMC INTrsquoL DIV INC Littleton Colorado Phone number is 1-800-8484912 ext 4452 Need to fax in your order to 303-7943703and you would be looking for model number DPG-PP 0-35 pound force range(estimated cost $3000 each) - wwwhmc-internationalcom
4 Digital camera Model and style of your choice
5 Consider a dictaphone or good old fashion pencil and paper
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
SAFE HARBORS
What are the ten safe harbors for compliance with the Fair Housing Act and where I can I find them
HUD recognizes ten safe harbors for compliance with the Fair Housing Acts design and construction requirements They are
1 HUD Fair Housing Accessibility Guidelines published on March 6 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines Questions and Answers about the Guidelines published on June 28 1994
2 HUD Fair Housing Act Design Manual 3 ANSI A1171 (1986) used with the Fair Housing Act HUDs regulations and the
Guidelines 4 CABOANSI A1171 (1992) used with the Fair Housing Act HUDs regulations and the
Guidelines 5 ICCANSI A1171 (1998) used with the Fair Housing Act HUDs regulations and the
Guidelines 6 Code Requirements for Housing Accessibility 2000 (CRHA) 7 International Building Code 2000 as amended by the 2001 Supplement to the
International Codes 8 International Building Code 2003 with one condition 9 ICCANSI A1171 (2003) used with the Fair Housing Act HUDs regulations and the
Guidelines 10 International Building Code 2006 with the January 31 2007 Errata
Effective February 28 2005 HUD determined that the IBC 2003 is a safe harbor conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating ICC interprets Section 11041 and specifically the exception to Section 11041 to be read together with Section 11074 and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances unless site impracticality applies Exception 1 to Section 11074 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 11077
Information about these safe harbors as well as HUDrsquos policy with respect to their use may be found in Report of HUD Review of the Fair Housing Accessibility Requirements in the 2006 International Building Code
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
76020 Fair Housing Act short title--Sections 76020-76037 may be cited as the Fair Housing Act
76022 Definitions--As used in ss 76020-76037 the term
(1) Commission means the Florida Commission on Human Relations
(2) Covered multifamily dwelling means
(a) A building which consists of four or more units and has an elevator or
(b) The ground floor units of a building which consists of four or more units and does not have an elevator
76023 Discrimination in the sale or rental of housing and other prohibited practices
(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer to refuse to negotiate for the sale or rental of or otherwise to make unavailable or deny a dwelling to any person because of race color national origin sex handicap familial status or religion
(2) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race color national origin sex handicap familial status or religion
(3) It is unlawful to make print or publish or cause to be made printed or published any notice statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference limitation or discrimination based on race color national origin sex handicap familial status or religion or an intention to make any such preference limitation or discrimination
(4) It is unlawful to represent to any person because of race color national origin sex handicap familial status or religion that any dwelling is not available for inspection sale or rental when such dwelling is in fact so available
(5) It is unlawful for profit to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race color national origin sex handicap familial status or religion
(6) The protections afforded under ss 76020-76037 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years
(7) It is unlawful to discriminate in the sale or rental of or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
Compliments of Page 1 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(c) Any person associated with the buyer or renter
(8) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
(c) Any person associated with the buyer or renter
(9) For purposes of subsections (7) and (8) discrimination includes
(a) A refusal to permit at the expense of the handicapped person 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 or
(b) A refusal 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
(10) Covered multifamily dwellings as defined herein which are intended 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 as determined by commission rule Such buildings shall also be designed and constructed in such a manner that
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons
(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair
(c) All premises within such dwellings contain the following features of adaptive design
1 An accessible route into and through the dwelling
2 Light switches electrical outlets thermostats and other environmental controls in accessible locations
3 Reinforcements in bathroom walls to allow later installation of grab bars
4 Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space
Compliments of Page 2 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
SAFE HARBORS
What are the ten safe harbors for compliance with the Fair Housing Act and where I can I find them
HUD recognizes ten safe harbors for compliance with the Fair Housing Acts design and construction requirements They are
1 HUD Fair Housing Accessibility Guidelines published on March 6 1991 and the Supplemental Notice to Fair Housing Accessibility Guidelines Questions and Answers about the Guidelines published on June 28 1994
2 HUD Fair Housing Act Design Manual 3 ANSI A1171 (1986) used with the Fair Housing Act HUDs regulations and the
Guidelines 4 CABOANSI A1171 (1992) used with the Fair Housing Act HUDs regulations and the
Guidelines 5 ICCANSI A1171 (1998) used with the Fair Housing Act HUDs regulations and the
Guidelines 6 Code Requirements for Housing Accessibility 2000 (CRHA) 7 International Building Code 2000 as amended by the 2001 Supplement to the
International Codes 8 International Building Code 2003 with one condition 9 ICCANSI A1171 (2003) used with the Fair Housing Act HUDs regulations and the
Guidelines 10 International Building Code 2006 with the January 31 2007 Errata
Effective February 28 2005 HUD determined that the IBC 2003 is a safe harbor conditioned upon ICC publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating ICC interprets Section 11041 and specifically the exception to Section 11041 to be read together with Section 11074 and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances unless site impracticality applies Exception 1 to Section 11074 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 11077
Information about these safe harbors as well as HUDrsquos policy with respect to their use may be found in Report of HUD Review of the Fair Housing Accessibility Requirements in the 2006 International Building Code
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
76020 Fair Housing Act short title--Sections 76020-76037 may be cited as the Fair Housing Act
76022 Definitions--As used in ss 76020-76037 the term
(1) Commission means the Florida Commission on Human Relations
(2) Covered multifamily dwelling means
(a) A building which consists of four or more units and has an elevator or
(b) The ground floor units of a building which consists of four or more units and does not have an elevator
76023 Discrimination in the sale or rental of housing and other prohibited practices
(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer to refuse to negotiate for the sale or rental of or otherwise to make unavailable or deny a dwelling to any person because of race color national origin sex handicap familial status or religion
(2) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race color national origin sex handicap familial status or religion
(3) It is unlawful to make print or publish or cause to be made printed or published any notice statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference limitation or discrimination based on race color national origin sex handicap familial status or religion or an intention to make any such preference limitation or discrimination
(4) It is unlawful to represent to any person because of race color national origin sex handicap familial status or religion that any dwelling is not available for inspection sale or rental when such dwelling is in fact so available
(5) It is unlawful for profit to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race color national origin sex handicap familial status or religion
(6) The protections afforded under ss 76020-76037 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years
(7) It is unlawful to discriminate in the sale or rental of or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
Compliments of Page 1 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(c) Any person associated with the buyer or renter
(8) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
(c) Any person associated with the buyer or renter
(9) For purposes of subsections (7) and (8) discrimination includes
(a) A refusal to permit at the expense of the handicapped person 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 or
(b) A refusal 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
(10) Covered multifamily dwellings as defined herein which are intended 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 as determined by commission rule Such buildings shall also be designed and constructed in such a manner that
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons
(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair
(c) All premises within such dwellings contain the following features of adaptive design
1 An accessible route into and through the dwelling
2 Light switches electrical outlets thermostats and other environmental controls in accessible locations
3 Reinforcements in bathroom walls to allow later installation of grab bars
4 Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space
Compliments of Page 2 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
76020 Fair Housing Act short title--Sections 76020-76037 may be cited as the Fair Housing Act
76022 Definitions--As used in ss 76020-76037 the term
(1) Commission means the Florida Commission on Human Relations
(2) Covered multifamily dwelling means
(a) A building which consists of four or more units and has an elevator or
(b) The ground floor units of a building which consists of four or more units and does not have an elevator
76023 Discrimination in the sale or rental of housing and other prohibited practices
(1) It is unlawful to refuse to sell or rent after the making of a bona fide offer to refuse to negotiate for the sale or rental of or otherwise to make unavailable or deny a dwelling to any person because of race color national origin sex handicap familial status or religion
(2) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race color national origin sex handicap familial status or religion
(3) It is unlawful to make print or publish or cause to be made printed or published any notice statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference limitation or discrimination based on race color national origin sex handicap familial status or religion or an intention to make any such preference limitation or discrimination
(4) It is unlawful to represent to any person because of race color national origin sex handicap familial status or religion that any dwelling is not available for inspection sale or rental when such dwelling is in fact so available
(5) It is unlawful for profit to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race color national origin sex handicap familial status or religion
(6) The protections afforded under ss 76020-76037 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years
(7) It is unlawful to discriminate in the sale or rental of or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
Compliments of Page 1 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(c) Any person associated with the buyer or renter
(8) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
(c) Any person associated with the buyer or renter
(9) For purposes of subsections (7) and (8) discrimination includes
(a) A refusal to permit at the expense of the handicapped person 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 or
(b) A refusal 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
(10) Covered multifamily dwellings as defined herein which are intended 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 as determined by commission rule Such buildings shall also be designed and constructed in such a manner that
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons
(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair
(c) All premises within such dwellings contain the following features of adaptive design
1 An accessible route into and through the dwelling
2 Light switches electrical outlets thermostats and other environmental controls in accessible locations
3 Reinforcements in bathroom walls to allow later installation of grab bars
4 Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space
Compliments of Page 2 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(c) Any person associated with the buyer or renter
(8) It is unlawful to discriminate against any person in the terms conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a handicap of
(a) That buyer or renter
(b) A person residing in or intending to reside in that dwelling after it is sold rented or made available or
(c) Any person associated with the buyer or renter
(9) For purposes of subsections (7) and (8) discrimination includes
(a) A refusal to permit at the expense of the handicapped person 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 or
(b) A refusal 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
(10) Covered multifamily dwellings as defined herein which are intended 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 as determined by commission rule Such buildings shall also be designed and constructed in such a manner that
(a) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons
(b) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by a person in a wheelchair
(c) All premises within such dwellings contain the following features of adaptive design
1 An accessible route into and through the dwelling
2 Light switches electrical outlets thermostats and other environmental controls in accessible locations
3 Reinforcements in bathroom walls to allow later installation of grab bars
4 Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space
Compliments of Page 2 of 3 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
Floridarsquos Fair Housing Act ndash 2008 Florida State Statutes 76020 ndash 76023
(d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped people commonly cited as ANSI A1171-1986 suffices to satisfy the requirements of paragraph (c) State agencies with building construction regulation responsibility or local governments as appropriate shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection
History--s 5 ch 83-221 s 2 ch 84-117 s 2 ch 89-321
Compliments of Page 3 of 3 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
Units Covered by the Fair Housing Act
The Fair Housing Act design and construction requirements apply to covered multifamily dwellings designed and constructed for first occupancy after March 13 1991 A building was not designed or constructed for first occupancy if
bull It was occupied by March 13 1991 bull If the last building permit or renewal of a building permit was issued on or before June
15 1990
Buildings where the last building permit was issued on or before June 15 1990 are not covered by the design and construction requirements Even if the last building permit was issued after June 15 1990 if the property was occupied before March 13 1991 it is not covered HUD adopted these dates to allow time for the requirements to be considered during the design and construction phase of new properties The first occupancy language in the statute has been defined in HUDs Fair Housing Act regulations as a building that has never before been used for any purpose This means buildings that are rehabilitated are not covered by the design and construction requirements even if the rehabilitation occurs after March 13 1991 and even if it is substantial rehabilitation A dwelling unit includes
bull A single-family unit in buildings with four or more units bull An apartment bull A room in which people sleep even if they share kitchens or bathrooms like transitional
housing
The design and construction requirements apply to covered multifamily dwellings Covered multifamily dwellings are
1 All dwelling units in buildings containing four or more dwelling units if the buildings have one or more elevators AND
2 All ground floor units in other buildings containing four or more units without an elevator
This includes housing that is for rental or for sale and applies whether the housing is privately or publicly funded Condominiums and apartment buildings are covered by the design and construction requirements So are time-shares dormitories transitional housing homeless shelters that are used as a residence student housing assisted living housing and others
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
COMPLIANCE WITH THE REQUIREMENTS OF THE FAIR HOUSING ACT
In order to be in compliance with the Fair Housing Act there are seven basic design and construction requirements that must be met These requirements are Requirement 1 An accessible building entrance on an accessible route All covered multifamily dwellings must 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
bull An accessible route means a continuous unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair and that is also safe for and usable by people with other disabilities
bull An accessible entrance is a building entrance connected by an accessible route to public transit stops accessible parking and passenger loading zones or public streets and sidewalks
Requirement 2 Accessible common and public use areas Covered housing must have accessible and usable public and common-use areas Public and common-use areas cover all parts of the housing outside individual units They include -- for example -- building-wide fire alarms parking lots storage areas indoor and outdoor recreational areas lobbies mailrooms and mailboxes and laundry areas
Requirement 3 Usable doors (usable by a person in a wheelchair) All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs
Requirement 4 Accessible route into and through the dwelling unit There must be an accessible route into and through each covered unit
Requirement 5 Light switches electrical outlets thermostats and other environmental controls in accessible locations Light switches electrical outlets thermostats and other environmental controls must be in accessible locations
Requirement 6 Reinforced walls in bathrooms for later installation of grab bars Reinforcements in bathroom walls must be installed so that grab bars can be added when needed The law does not require installation of grab bars in bathrooms
Requirement 7 Usable kitchens and bathrooms Kitchens and bathrooms must be usable - that is designed and constructed so an individual in a wheelchair can maneuver in the space provided
Compliments of Page 1 of 1 October 1 2008 Larry M Schneider AIA
