Federal Housing Accessibility (FHA) Laws

9/19/2021

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Federal Housing

Accessibility (FHA)

Laws

Mid-Atlantic Conference

September 2021

Today’s Presenters 1

Doug Anderson, CASp, RASPartner

LCM Architects

California Accessibility Specialist (CASp)

Registered Accessibility Specialist, Texas

US Access Board Member 2003-2011

ANSI A117.1 Committee Member

Illinois Accessibility Code Rewrite Committee

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Scott J WindleyTA Coordinator

US Access Board

Senior Accessibility Specialist

ANSI A117.1 Committee Member Alternate

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Rex PaceSenior Advisor for Accessible Design

Office of Fair Housing and Equal Opportunity

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Session Agenda

01 Overview

02 Fair Housing

03 ADA and ABA Standards

04 Rehabilitation Act and Overlap with Other Applicable Statutes

05 Questions (and possible answers)

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What Laws Apply?

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Does it really matter?

Aren’t they all the same?

Isn’t ADA the most stringent?

It’s all about wheelchair access, right?

Isn’t that the architect’s decision?

Does anyone complain?

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Federal Housing Accessibility Laws

1968

ARCHITECTURAL

BARRIERS ACT

(ABA)

1973

SECTION 504,

REHABILITATION

ACT

1988

FAIR HOUSING

AMENDMENTS ACT

(FHA)

1990

Americans with

Disabilities

Act

(ADA)

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Overlapping Standards

Fair Housing Accessibility

Guidelines/Safe Harbors

UFAS – ABA and Rehabilitation

Act/Section 504

2010 ADA Standards

State/Local Codes – IBC/A117.1

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Level of Accessibility

“Fair Housing”

Bathroom

“UFAS/ADA”

Bathroom10

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State and Local Codes

ICC/ANSI Standards - IBC

Accessible Units

Type A Units (adaptable to be

accessible)

Type B Units (meet Fair Housing)

Type C Units (Visitable)

Units with Accessible Communication

Features

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HUD’s Regulatory Agenda Impacts

Update Section 504 of the Rehabilitation Act and UFAS

(advanced notice – seeking public input)

Establish an Accessibility Standard for the Fair Housing Act

(advanced notice – seeking public input)

Update Accessibility Standard for the Architectural Barriers Act

(notice – proposed Standard for public comment)

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The Fair Housing Act

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Fair Housing Act (FHA) – Covered Units

The design and construction requirements apply to “covered multifamily

dwellings” designed and constructed for first occupancy after March 13, 1991

Covered multifamily dwellings include:

All dwelling units in buildings containing four or more units, with an elevator

All ground floor units in buildings containing four or more units, without an

elevator

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FHA – Safe Harbors for Compliance

1. HUD Fair Housing Accessibility Guidelines and the

Supplemental Notice

2. ANSI A117.1 (1986), used with the Fair Housing

Act, HUD’s regulations, and the Guidelines

3. CABO/ANSI A117.1 (1992) used with the Fair

Housing Act, HUD’s regulations, and the Guidelines

4. ICC/ANSI A117.1 (1998) used with the Fair

Housing Act, HUD’s regulations, and the Guidelines

5. The Fair Housing Act Design Manual (1998)

6. Code Requirements for Housing Accessibility 2000

(ICC/CRHA)

7. International Building Code 2000 with 2001

Supplement

8. International Building Code 2003, with one

condition*

9. ICC/ANSI A117.1 (2003) used with the Fair

Housing Act, HUD's regulations, and the Guidelines

10. International Building Code 2006, with the

January 31, 2007, Errata

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New Safe Harbors

2009 ANSI

2009, 2012, 2015 and 2018 IBC

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FHA – Design and Construction Requirements

1. Accessible building entrance on an

accessible route

2. Accessible and usable public and

common use areas

3. Usable doors

4. Accessible routes into and through

covered unit

5. Light switches, electrical outlets,

thermostats, and other environmental

controls in accessible locations

6. Reinforced walls in bathrooms for

later installation of grab bars

7. Usable kitchens and bathrooms

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FHA 1. ACCESSIBLE BUILDING ENTRANCE ON AN ACCESSIBLE ROUTE 1

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1. Width 2. Running Slope 3. Cross Slope

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Accessible routes are required to connect covered dwelling entrances with:

Pedestrian arrival areas

Site facilities and amenities

Spaces and elements within a covered building

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Site Impracticality

Individual Building Test

Site Analysis Test

Unusual Sites

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FHA 2. ACCESSIBLE AND USABLE PUBLIC AND COMMON USE AREAS 1

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Minimum Parking Requirements

For Residents

2% of parking spaces serving covered dwelling units

A minimum of one accessible space at each site facility

For Visitors (if provided)

Enough spaces to provide access to grade level entrances of covered

multifamily dwellings

A minimum of one at sales/rental office

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ANSI 1986 & FHA Design Manual

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FHA 3. USABLE DOORS 1

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Usable Hardware

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FHA 4. ACCESSIBLE ROUTES INTO AND THROUGH COVERED UNIT 1

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¾” Max. Threshold at 1:2 Slope Max.

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All passage doors including “walk-in” closets, storage rooms & patio doors are required to

provide a 32” nominal clear opening door

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Small level changes

within the unit.

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FHA 5. LIGHT SWITCHES, ELECTRICAL OUTLETS, THERMOSTATS, AND OTHER ENVIRONMENTAL CONTROLS IN ACCESSIBLE LOCATIONS

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FHA 6. REINFORCED WALLS IN BATHROOMS FOR LATER INSTALLATION OF GRAB BARS 1

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FHA 7a. USABLE KITCHENS 1

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30”x48” clear floor space parallel to and centered on:

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Selecting a refrigerator larger than shown in

plan will obstruct range CFS.

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Clear Floor Space

30” x 48

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Clearance Between Countertops

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Galley Kitchen

40” Clearance

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FHA 7b. USABLE KITCHENS 1

Narrow U Shape Kitchen

60” turning clear floor space

when sink, cooktop, or

range is at base of U

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FHA 7b. USABLE KITCHENS 2

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FHA 7b. USABLE BATHROOMS 1

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General Requirements

Clear floor space within the bathroom outside the swing of the door

Clear floor space at bathroom fixtures

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General Requirements for Usable Bathrooms

Clear floor space at each fixture

(clear floor spaces may overlap)

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FHA 7a. USABLE BATHROOMS 4

Typical CFS Issue

30” x 48” required:

Beyond the swing of the door

Perpendicular approach to the bathtub

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Two Bathroom Specifications

Specification A

Less accessible

All fixtures must be usable

Specification B

More accessible

One of each fixture must be

usable

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Lavatory Clear Floor Space

Note:

At least one lavatory must be compliant

in a Specification “B” bathroom. All

Lavatories must be compliant in a

Specification “A” bathroom

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Parallel approach to the lavatory

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Offset Bowl: Centered parallel

approach to the lavatory

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Common Type B Lavatory Issue

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Clear Floor Space - Toilet

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If “X” is greater than 24”,

clear floor space must be

at least 48” wide.

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Clear Floor Space – Showers

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Clear Floor Space – Showers

Issues

30” x 48” Wheelchair footprint. Toes

flush with face of the control wall

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The Architectural Barriers Act (ABA) and ADA Standards

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History

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2010 ADA Standards

TITLE II

Facilities constructed by, on behalf of,

or for the use of a state or local

government entity, examples:

Public housing

Housing at places of education

Social service establishment e.g.,

half-way house or group home

TITLE III

Housing at places of education

“Social service center” establishments

Rental Office of an apartment

complex

Does not include:

Model homes (although an accessible

entrance is recommended)

Common use areas that are used only

by residents and their guests in

facilities not covered by the ADA

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Architectural Barriers Act

Constructed, altered, or leased by, or on

behalf of, the United States

Financed by, in whole or in part, by the

United States after August 12, 1968, if the

financing or granting Agency is authorized

to issue standards

ABA Standards

ABA Standards are in effect for military

housing facilities - 10/31/08

All other Housing are subject to HUD ABA

Standards (UFAS)

Other occupancies –GSA (5/8/2006) and

USPS (10/1/2005) ABA Standards

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Residential Dwelling Unit

ADA and ABA

Standards Definition:

A unit intended to be used as a residence,

that is primarily long-term in nature.

Residential dwelling units do not include

transient lodging, inpatient medical care,

licensed long-term care, and detention or

correctional facilities.

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Residential Dwelling Units

ADA §35.151(e) and §36.406(d)

Social service center establishments

(whether temporary or permanent

housing) e.g.:

Group homes

Halfway houses

Homeless and other shelters

If more than 50 beds, provide at least one

roll-in shower for each sex

Graduate student or faculty housing with no

space for educational programming and

leased year round

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Transient Lodging

ADA §35.151(e) and §36.406(d)

Hotels, motels, dormitories; and

Housing at a place of education

Kitchens must be fully accessible with

turning space and work surfaces

Accessible route throughout the unit,

including all sleeping rooms

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Residential Dwelling Unit Scoping

ADA and ABA 233 and F233

Units subject to HUD’s 504

requirements

Defers scoping to HUD’s

Section 504 regulations to

avoid conflicts

Other Facilities

5%, or at least one, units with

mobility features

2%, or at least one, units with

communications features

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Units for Sale

ADA and ABA

As required by regulations issued by

Federal agencies under the ADA or

Section 504

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Additions and Alterations

Additions (233.3.3, F233.3.2, & F233.4.3)

Number added determines minimum

accessible units required

Alterations (233.3.4, F233.3.3, & F233.4.4)

Exception permits comparable units to be

altered when technically infeasible –

minimum number must be met

Alterations to vacated building with more

than 15 units – units on an accessible route

Alterations to individual dwelling units –

substantially altered bathroom, kitchen and

at least one other room – minimum number

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Two-Way Communication Systems

§230

Common use or public use system

Interface must be capable of supporting

voice and TTY communication - 708.4.1

Different requirements from those for

public telephones

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Turning Space: Closets

Turning Space in all rooms served by an

accessible route (Exception for certain

exterior spaces)

Closets are not classified as a room.

ADA/ABA Standards

Turning space not required

ICC/ANSI

Not required if closet is less than 48 inches

in depth (1002.3.2 EXCEPTION 2)

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Turning Space: Toilet or Bathing Room

Turning Space in all rooms served by an accessible

route (Exception for certain exterior spaces)

Non-complying 2nd toilet or bathing room is a room.

ADA/ABA Standards

Turning space required even when room not

required to be compliant

ICC/ANSI

not required if toilet or bathroom not required to be

complaint (1002.3.2 EXCEPTION 1)

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Forward Approach Access

Removable Cabinetry under Kitchen

For sinks, this is not permitted – transient

lodging

For work surfaces this is permitted –

804.3.1 Exception

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Appliance Operable Parts (§804.6.2)

Refrigerator controls must be

accessible, within reach and

operable

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Side Reach Over Counters (§309)

Obstructed reach: 46” max.

If reach depth exceeds 10”, depth CANNOT

exceed 24”

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Windows (§229)

229 Exception 1

Glazed openings in accessible

residential dwelling units (809) not

required to comply with 229.

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Social Serve Center Establishments

ADA §35.151(e) & §36.406(d)

50 or more beds with common use

bathing facilities - at least one roll-in

shower stall with a seat (§608) –one

for each gender if provided

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Section 504 of the Rehabilitation Act, USFA, and HUD’s “Deeming Notice”

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The Rehabilitation Act of 1973

Overview

Requires access to programs and

activities that are funded by Federal

agencies and to Federal employment

The law established the U.S. Access

Board

Federal finical assistance a prominent

issue

Influenced how the ADA was developed

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Section 504 of the Rehabilitation Act

Section 504 (29 USC 794)

prohibits federal agencies and

recipients of federal financial

assistance from discriminating on

the basis of disability in their

programs and activities

HUD’s regs at 24 CFR parts 8

and 9 but each funding agency

has its own regulations and while

some overlap, there are unique

requirements.

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Section 504 – Basic Requirements 1

As enforced by HUD, Section 504 requires:

Non-discrimination on the basis of

disability

Administering programs in the most

integrated setting appropriate to

individuals with disabilities

Effective communications with persons

with disabilities

Reasonable accommodations/Housing

Adjustments

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Section 504 – Basic Requirements 2

Affecting Construction

Making new, altered, and existing projects

accessible

Distributing accessible units throughout a

project and by size and type

Use of reasonable nondiscriminatory methods

to maximize utilization of accessible units

Ensuring accessibility in recipient’s newly

constructed, altered, and existing non-housing

facilities

Monitoring sub-recipients and contractors

(e.g., private owners receiving Project Based

Vouchers) and ensuring compliance

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Who is a recipient?

Any recipient of federal financial assistance is interpreted broadly to including virtually any

form of financial assistance, including property, except for a contract or guarantee of

insurance.

Examples include funding to housing agencies (Sections 8 and 9), CDBG (including DR),

HOME, HOPWA, Section 202 Supportive Housing for the Elderly, Section 811 Supportive

Housing for Persons with Disabilities, funding demonstrations, etc.

State, local government agencies, nonprofits, private entities- Civil Rights Restoration Act

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Section 504 – Specific Requirements

HUD may prescribe a higher

percentage or number based

upon demonstration of a need.

But see integration mandate

and Olmstead.

All such units must be

provided in a variety of sizes,

with a variety of amenities,

and in a variety of locations to

provide meaningful housing

choice.

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Section 504 – Alterations of Existing

“Substantial Alteration” must use new

construction Standards

15 or more units

Equal to or greater than 75% of replacement

cost of completed facility

“Other Alterations”

Dwelling Units - Each altered element is

made readily accessible until 5% is reached

Common Area Alterations - Each altered

element is made accessible to the maximum

extent feasible – does not imposes an undue

financial and administrative burden

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Section 504 – Who Pays?

Recipient of HUD funds is

responsible for cost of reasonable

accommodations, including structural

changes

Note: FHA modifications likely are

reasonable accommodations under

Section 504 and must be paid for by

recipient.

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Section 504 – Architectural Standards

Uniform Federal Accessibility Standards

(UFAS)

OR

HUD Deeming Notice (2010 ADA

Standards + Certain Higher 504 and

FHA Requirements)

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Uniform Federal Accessibility Standards “UFAS”

Basis for 1991 ADA Standards

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HUD Deeming Notice

Use HUD 504 scoping for residential dwelling

units; if no 504 scoping, use 2010 ADA

Standards

No structural impracticability (rare/unique

terrain)

Use HUD 504 Alterations Requirements:

HUD 504 “Substantial Alterations” and

HUD 504 “Other Alterations”

No “Alterations Affecting Primary

Function Areas”

Use HUD 504 Requirements Related to

Additions

Common Use Areas and Fair Housing Act

requirements –

in some instances is most stringent (HUD 504)

Employee work areas must be accessible

(UFAS)

No vehicular route in lieu of accessible route

exceptions (HUD 504 and UFAS)

No “elevator exception” for private buildings

(UFAS)

Front-loading washing machines and dryers

(UFAS)

HUD 504 regulation governs when visual alarms

are installed

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2010 Standards Exceptions

For Structural Impracticability

Title II

§ 35.151 (a)(2)

Title III

§ 36.401(c)

But not for HUD’s Section 504

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Alterations

MUST USE

HUD’s Section 504 “Substantial Alteration”

or “Other Alterations” regulatory

requirements

NOT

2010 ADA Standards

§ 35.151(b) Alterations

(Title II facilities)

OR

Section 202.4 Alterations

Affecting Primary Function Area

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Section 202.4 “Path of Travel”

Path of travel is required to the

extent that it is not “disproportionate”

to the project cost (more than 20%)


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Additions

MUST USE

HUD’s Section 504 regulatory requirements

– combination of new construction and

alterations requirements

NOT

2010 ADA Standards

Section 202.2

Additions

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2010 Standards – Additions: Section 202.4


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Public and Common Use Areas 1

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Public and Common Use Areas 2

For new construction (first occupancy

after March 13, 1991) the Fair Housing

Act’s design and construction

requirements will apply and may be most

stringent – refer to Requirement 2

Not permitted to use ADA 2010

Standards section 203.8 Residential

Facilities

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Employee Work Areas 1

MUST be accessible

CANNOT USE

2010 ADA Standards

Section 203.9 and similar

General exceptions for limited access

and machinery spaces still applicable

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Employee Work Areas 2

ADA 2010 Standards


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“Vehicular Route” Exceptions

ADA 2010 Standards

Accessible route not required when where

only means of access is vehicular way

Sections 206.2.1 Site Arrival Points

Exception 2 and 206.2.2 Within a Site

Exception


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Accessible Routes Required

There are no UFAS or Section 504

exceptions for Vehicular Routes

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Elevator Exception

ADA 2010 Standards

Section 202.2.3 Exception 1

The ADA Standards except an accessible route between levels

in buildings less than 3 stories OR less than 3000 sf/floor (for

public accommodations)


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Multi-Story Buildings with Accessible Units

HUD’s 504 requirement for distribution of accessible

dwelling units (§ 8.26)

Does not necessarily require an elevator solely for

the purpose of locating accessible units above or

below the accessible grade level.

Critical to consider public and common use access

obligations

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Washers and Dryers

ADA 2010 Standards

Sections 214 and 611

1 accessible where

3 or fewer provided

2 accessible where more than 3

provided

May be front or top loading


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Accessible Common Use: Laundry Facilities

Washers and dryers must be front-

loading (UFAS)

When provided in individual accessible

dwelling units, front loading accessible

washing machines and clothes dryers

may be required as a reasonable

accommodation

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Alarms

ADA 2010 Standards

Section 215.1 Exception

Visible alarms not required in an

alteration unless existing fire alarm

system is upgraded, replaced or new

system installed


Must follow regulatory provisions

addressing alterations

(§ 8.22 thru § 8.25)

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Deeming Notice Chart

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Resources

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Access Board On-Line Resources

Download entire 2010 ADA Standards at

www.access-board.gov/ada/

Download entire ABAAS at

www.access-board.gov/aba/

Online ABA and ADA Standards Guidance

(Chapters 1 – 6 and 10) and Animations

available

UFAS at www.access-

board.gov/aba/ufas.html

Ask questions about Standards at:

800-872-2253 (voice)

800-993-2822 (tty)

[email protected]

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FHA Accessible Design and Construction Resources

www.fairhousingfirst.org

www.fairhousingfirst.hud.gov

Ask Questions at:

Design and Construction Resource Center

(888) 341-7781 (V/TTY)

[email protected]

www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf

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http://www.access-board.gov/ada/

http://www.access-board.gov/aba/

http://www.access-board.gov/aba/ufas.html

mailto:[email protected]

http://www.fairhousingfirst.org/

http://www.fairhousingfirst.hud.gov/

http://www.huduser.gov/portal/publications/PDF/FAIRHOUSING/fairfull.pdf

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ICC A117.1 Standard Resources

www.iccsafe.org

Ask Questions at:

888-ICC-SAFE

(888-422-7233)

[email protected]

[email protected]

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http://www.iccsafe.org/



Documents

Federal Housing Accessibility (FHA) Laws