Title: HUD Section 504, Fair Housing and ADA
1HUD Section 504, Fair Housing and ADA
- Vantoria Clay, Housing and Transportation
Coordinator - Endependence Center, Inc.
- 6300 E Virginia Beach Blvd
- Norfolk, VA 23502
- 757-351-1595
- 757-461-7527 TDD
- 757-461-5375 FAX
- VClay_at_endependence.org
2Fair Housing and Related Laws
- Section 504 of Rehabilitation Act 1973
- Fair Housing Amendments Act of 1988
- Impact of ADA Title II State Local Govt and
Title III Public Accommodations
3HUD Section 504 Regulations
- Federally-Assisted Programs, Services and
Activities
4Rehabilitation Act of 1973,Section 504
- Section 504 prohibits discrimination on the basis
of disability in any program or activity
receiving federal financial assistance. - Whether housing or non-housing
- No otherwise qualified individual with handicaps
in the United Statesshall, solely by reason of
his/her handicap, be excluded from the
participation in, be denied the benefits of, or
be subjected to discrimination under any program
or activity receiving Federal financial
assistance or any program or activity conducted
by any Executive agency or by the United States
Postal Service.
5HUD Section 504
- ? 24 CFR Part 8
- Nondiscrimination Based on Handicap in Federally
Assisted Programs and Activities Final Rule - ? Online
- www.hud.gov/offices/fheo/disabilities/sect504docs.
cfm - ? Order copy
- Contact HUDs Direct Distribution Center
- 800-767-7468 or email on_demand_mail_at_hud.gov
- Order through Centers online ordering system
- www.hud.gov/offices/adm/dds/
-
6HUD Section 504 Who is covered?
- Public Housing Agencies (PHAs)
- Cities and towns that receive funds such as CDBG
- Section 8 and other PHA program and activities
- Private, HUD-assisted housing providers
- Student housing
- Military housing
- Non-profits developing housing activities with
- Section 811, HOME, CDBG, HOPWA, HOPE, Homeless
Programs Emergency Shelter Grants, Supportive
Housing Program, Shelter Plus Care, and SRO
Moderate Rehab Program - Any organization receiving funds from HUD
7Section 504Who is covered?
cont.
- Private, HUD-assisted housing providers
- Multifamily Housing Division
- http//www.hud.gov/local/va/working/mf/emaillist.c
fm - 804-822-4875
- -- MFH Inventory Survey of Units for the Elderly
and Disabled, Mar 2009 - www.hud.gov/offices/hsg/mfh/hto/inventorysurvey.cf
m - Click on Virginia
8HUD 504What is discrimination? 8.4
- To deny a person with a disability the
opportunity to participate in or benefit from in
any program solely on the basis of their
disability - What to do? A housing provider has to provide
accessible transportation if offers
transportation to their tenants. - To benefit from the Section 8 HCV program, a
person with disability-related barriers that
prevent him/her from being able to seek housing
at all or seek housing to the extent as others
without disabilities would need additional time
to search. - A PHA may have a policy that calls for one month
for initial search and 1 30-day extension and to
accommodate people with disabilities, the
individual can receive 1 additional 30-day
notice. - Is this an appropriate policy for a reasonable
accommodation?
9HUD 504What is discrimination? 8.4
- To offer people with disabilities an opportunity
to participate in any housing, program or service
that is not equal to that afforded to others - What to do? Provide the same type and level of
services. Do not require more sessions/ meetings
than the home ownership program requires.
10HUD 504What is discrimination? 8.4
- Provide a service that is not as effective as
that provided to others - Ex The housing agency provides a section 8
landlord list but does not include a reasonable
number of options for accessible housing. - Ex the housing agency chooses a location or
building for housing that is not or cannot be
altered to be accessible. - An existing HUD-assisted development is making
substantial alterations to a mix of 1, 2 and 3
bedroom units. Should the provider ensure that 1
bedroom units are accessible?
11HUD 504What is discrimination? 8.4
- Provide separate aids or services unless it is
necessary in order to provide an equal
opportunity.
12HUD 504What is discrimination? ( 8.4 )
- Provide a significant aid or assistance to any
agency that discriminated on the basis of
disability - Ex A PHA should not provide land or funding to
a housing developer that does not accommodate
applicants and tenants with disabilities or is
not in compliance with FHAA or Section 504
accessibility requirements. - What to do? Have the developer to make
assurances that they will comply with Section 504
and/or FHAA accessibility requirements.
13HUD 504What is discrimination? ( 8.4 )
- Deny a person with a disability the opportunity
to participate as a member of a planning or
advisory board - What to do? Ensure that people with disabilities
are represented on the PHAs Resident Advisory
Board, or any boards or committees that a
federally-assisted agency forms.
14HUD 504 CommunicationsSection 8.6
- For program accessibility, an agency must provide
effective communication. - For verbal and written communications/material.
- All information must be available in alternate
formats or through an auxiliary aid. - Examples Sign language interpreters, Braille,
audio cassette, computer disk, large print,
personal listening devices (amplifies speech),
note-taking, etc.
15HUD 504 Communications cont.
- Type of alternate format or auxiliary aid
- Primary consideration given to individuals
preference - if the format would cause a fundamental
alteration to the program or an undue financial/
administrative burden, another format must be
selected that would be equally effective.
16HUD 504 Communications - cont.
- Phone communication
- TDD
- Virginia Relay
- Training on TDD and Virginia Relay
17HUD 504 Accessibility Standards ( 8.32)
- Accessibility standard used
- UFAS Uniform Federal Accessibility Standards
- Facilities site/office for a non-housing program
alterations and new construction - Residential
- Common and public areas
- Dwelling units (multifamily and home ownership)
- Or, other standard that is equal or more strict
- Design and New construction
- Additions to existing buildings
- Alterations and substantial alterations
18Section 504 UFAS
- Residential
- Apartment housing
- Federally assisted minimum of 5 of dwelling
units, or greater according to a local needs
assessment - Federally owned minimum of 5 of dwelling units
- Single family homes and duplexes
- Rental minimum of 5 of the total, or greater
according to a local needs assessment - Home ownership 5 of total if built per home
buyer, accessibility determined by the home
buyer.
19HUD 504 Accessibility Standards
- Published by the Access Board (Architectural,
Transportation Barriers Compliance Board) - www.access-board.gov/ufas/ufas-html/ufas.htm
- Enforced by HUD
- Note bedrooms of accessible dwelling units
- UFAS requires at least 2 bedrooms to be on an
accessible route within the unit - However, because of HUD 504 regulation to provide
equal benefit, all bedrooms in an accessible
dwelling are required to be on an accessible
route.
20HUD Section 504 Program AccessExisting Programs
- If the recipient has a facility or housing that
is not accessible, people with disabilities
cannot be excluded from accessing, participating
in or benefiting from a federally-assisted
program or activity. -- Section 8.20 - Non-housing facilities
- Facilities existing at time HUD regulations were
published in 1988 - Alterations, other methods and Transition Plans
- Locating an existing facility
- New construction
- - Housing buildings and dwelling units
- Alterations
- Substantial alterations
- Transition Plan
21Program Accessibility Non-housing programs
- Non-housing facilities
- Alterations to the maximum extent feasible be
made readily accessible to and usable by people
with disabilities. - That does not impose an undue administrative and
financial burden on the operation of the program
or activity.
22Program Accessibility Non-housing programs
- A program or activity has to be viewed in its
entirety to determine whether it is accessible to
people with disabilities - Not every non-housing facility has to be made
accessible - Applies to existing programs at the time HUD 504
regulations were made final.
23Program Accessibility Non-housing programs
- Other ways to make a program accessible
- Recipient can relocate its program to another
building that is accessible - Currently owns acquire new building or
new-construct - Relocate program to another floor or area of the
building that is accessible - Make alterations to a certain area or rooms of
the building to be accessed by the public - Make home visits
24Program Accessibility Non-housing programs
- In selecting methods, the agency must ensure that
the program or activity is provided in the most
integrated setting - If the program involves group sessions, consider
that location to be made accessible or relocate
the sessions to another location vs. meeting
individuals with disabilities separately at
another location.
25Impact of equal access, benefit and participation
in Program Accessibility
- Now that HUDs 504 implementation regulations
have been around since 1988, agencies and housing
providers should be familiar with the need for
physical access to support program accessibility. - HUD 504 regulation requires under the
discrimination prohibited section - In determining a site or location to operate a
federally-assisted program, should not make
selections which would exclude people with
disabilities or deny the benefits of.
26Program Accessibility Existing Housing
Transition Plans
- If private, HUD-assisted provider is to make
structural modifications (Sec 8.24) - Recipients had to develop a transition plan
which initially was due by Jan 1989. - Must continue to update Transition Plans as
barriers are identified through self-evaluations. - Transition Plans are required to be made
available for public review.
27Program Accessibility Transition Plans
cont.
- Identify physical obstacles
- Describe in details the methods that will be used
to make the facilities accessible - Specify the schedule for taking the steps needed
to remove physical obstacles - Indicate the staff person responsible in
overseeing the plan - Identify the persons or groups involved in
preparation for the plan.
28Public Housing AgenciesTransition Plan and
Needs Assessment
- Assess the needs of current tenants and
applicants for accessible units to determine how
many accessible units are needed. - Continue to be encouraged by HUD to conduct a
needs assessment at least annually. - Work with people with disabilities and advocacy
groups. - Were to develop a transition plan to show what
will be done over the next 4 years.
29Self-Evaluation PlanAll assisted programs
(8.51)
- Required by Section 504
- If state and locally funded, ADA Title II
- Agency is required to consult with people with
disabilities and advocate groups - Evaluate all policies and procedures to identify
any discrimination and to ensure program
accessibility - Review employment policies
- Review of housing policies
30Self-Evaluation Plan cont.
- Rewrite those policies that do not meet 504
requirements - Write corrective action plan and take corrective
steps to remedy the discrimination
31Self-Evaluation Plan cont.
- Areas to be evaluated
- Buildings or facilities for physical
accessibility - Program outreach and communication
- Eligibility and admission criteria and practice
- Distribution and Occupancy policy and practice
- Percentage of accessible units
- Employment (including pre-employment)
- Complaint processing procedure
31
32Program AccessibilityHousing Programs
- New Construction Section 8.22
- Housing built after 1988 rental and sales
- A minimum of 5 of the total of the dwelling
units or least one unit whichever is greater,
shall be designed and constructed to be
accessible for persons with mobility impairments.
An additional 2 of the units (but not less than
one unit) shall be accessible to persons with
vision or hearing impairments.
33Program AccessibilityHousing Programs
- Existing Housing Facilities (as of June 1988)
- Substantial alterations Section 8.23 (a)
- If alterations are undertaken to a project that
has 15 or more units and the cost of the
alterations is 75 or more of the replacement
cost of the completed facility, then the
provisions of 8.22 for new construction shall
apply. - apply UFAS accessibility standards (or
stricter) - Dwelling units
- Common and public areas
34Program AccessibilityHousing Programs
- Other alterationsSection 8.23 (b)
- Other alterations made to dwelling units and
common areas must, to the maximum extent
feasible, be made accessible. - Up to the point where it would not impose an
undue financial and administrative burden - For example, if the front entrance was renovated,
instead of replacing the 2 steps, the entrance
walkway should be graded. - If alterations include both kitchen and bathroom
then entire unit must be made accessible,
including entrance door.
35Need for more than 5 percent accessible units
- For both new construction and alterations to
existing housing - A recipient of a federally-assisted housing
activity may request to HUD to make more than
minimum required amount accessible based upon
documentation showing need (using census data or
other current data).
36Program Accessibility Housing Providers
- Accessible units should be evenly distributed
throughout the different sites, to include
comparable number of bedroom sizes and amenities - Advertising and outreach to people with
disabilities - Maximize the use of available accessible units
- Lease agreements for renters without disabilities
occupying accessible units
37Program Accessibility Reasonable Accommodations
- Must provide reasonable accommodations
- Make a change, adaptation or modification to a
rule, policy, practice, procedures or to a
workplace which will allow a person with a
disability to participate fully in a program, to
use and enjoy a dwelling unit, common and public
areas, take advantage of a service, or perform a
job. - Examples
- Assisting an individual with limited mobility
with filling out an application. - Home visit if the person has no transportation to
get to the facility or site.
38Program Accessibility Reasonable Accommodations
- Mail a rental or program application to the
individual who is not able to come to the site
because of their disability. - Provide services in another location that is
served by paratransit. - Accepting a professional or personal reference if
an applicant does not have a recent rental
reference after being in a nursing home for
several years. - Post reminders on apartment door for rent due for
a tenant with a brain injury. - Unit modifications ramps, grab bars, wall-hung
bath sink, automatic door opener - Assigning a larger sized unit to accommodate a
live-in aide.
39Reasonable accommodation requests
- Who covers costs for reasonable accommodations?
- Housing provider or the agency operating the
program, activity or service - What is reasonable?
- Will not impose an undue financial and
administrative burden on the agency/housing
provider - Will not result in a fundamental alteration in
the nature of the program or operations - Ex a request to provide housekeeping services
which are not already included in the housing
program
40Reasonable Accommodations
- If the request is determined to be unreasonable,
the agency or housing provider can offer another
accommodation. - Will need to meet the needs of the individual.
- Or, the individual can request another type of
accommodation. - Staff needs to be aware that the individual may
not use the term reasonable accommodation when
requesting an accommodation.
41Section 8 HCV Program Program Accessibility
- Ensure that public notices and advertisements
reach people with disabilities. - Send to organizations and interest and advocate
groups that assist people with disabilities. - Include nursing homes, long-stay hospitals and
ICFs/MR. - Provide various ways to advertise internet,
churches, social service programs, senior service
agencies, libraries, etc.
42Section 8 HCV Program Program Accessibility
- Encourage owners with accessible units to
participate - Single family homes constructed or modified
- Apartments buildings with 4 or more units
constructed after March 1991 are to meet FHAA
accessibility requirements - Older apartments modified by owner or previous
tenant - Educate owners on value of accessibility as an
incentive to modifying existing housing
43Section 8 HCV Program Program Accessibility
- Include accessible housing in the current housing
referral list - In most cases, which is required, the Section 8
worker will need to assist the individual in
locating an available accessible unit.
44Section 8 HCV Program Program Accessibility
- Agency is required to provide search extensions
to accommodate those having difficulty with
locating accessible housing. - An accommodation can include allowing the
individual to port the voucher to another
location. - To promote Money Follows the Person, HUD
encourages agencies to modify policies to include
a longer initial search time for individuals
transitioning from nursing homes and other
institutions (HUD PIH Notice 2005-05).
45Section 8 HCV Program Program Accessibility
- The only option for an accessible housing could
be for a unit that has a higher rent than what
the payment standard allows - The agency is required to request an exception
above 110 of the FMR to the HUD field office. - Above 120 to the Headquarters office.
- Required to contract with landlords assuring that
they will not discriminate applicants and renters
on the basis of disability.
46Section 8 HCV Program Program Accessibility
- It is recommended that Section 8 workers be
knowledgeable of FHA protections concerning
illegal questioning, providing reasonable
accommodations, permitting reasonable
modifications and if new construction, meeting
FHAA accessibility requirements. - To effectively ensure that a HCV recipient has
equal opportunity to housing and able to fully
use and enjoy the dwelling thereby, have
opportunity to benefit from the Section 8
program.
47Section 504 Policy Evaluation and Grievance
Procedures
- Designate 504 Coordinator - Section 8.53
- Federally-assisted entities with 15 or more
employees must designate at least one employee to
oversee its compliance with Section 504.
Grievance procedures must be established for
recipients of federal assistance.
48HUD Section 504 Resources on CD
- HUD PIH Notice 2006-13 Non-Discrimination and
Accessibility For Persons with Disabilities - Reasonable Accommodation Resource Guide, M Yohe,
Office of Public Housing, US HUD - HUD Notice H 01-02 compliance with Section 504
and the Disability/Accessibility Provisions of
the FHA of 1988 (private, MFH providers)
49Fair Housing Amendments Act
- Disability Related Provisions
50Fair Housing ActProtections for People with
Disabilities
- Illegal Inquiries
- it is illegal to inquire whether a person has a
disability - to make an inquiry as to the nature or severity
of a persons disability
51Fair Housing ActProtections for People with
Disabilities
- Do you take medications?
- Why do you receive SSI?
- Have you been in a drug rehab program?
- Do you have a disability?
- Are you able to live independently?
- Are you sure you can live alone?
52Fair Housing ActProtections for People with
Disabilities
- Certain questions are permitted only if they are
asked of all applicants - Whether the person can meet the requirements of
ownership or tenancy - Whether the person is qualified for housing that
is designated only to persons with disabilities
or to persons with particular types of
disabilities - In assisted housing, HUD permits designated
housing for people with physical disabilities,
developmental disabilities, or chronic mental
illness.
53Fair Housing ActProtections for People with
Disabilities
- The Act does not protect a person whose
disability - would constitute a direct threat to the health
and safety of other individuals - must be supported with recent, credible,
objective evidence - would result in substantial physical damage to
the property of others
54Fair Housing ActProtections for People with
Disabilities
- Right to request a reasonable accommodation
- it is illegal to refuse 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 - to include public and common use areas
55Reasonable Accommodations
- Examples
- Reserved accessible parking space
- Notification in advance for tenant with chemical
sensitivity of painting and pest treatments. - Waiving parking fees for personal assistant.
- A landlord assists an applicant with a cognitive
disability in completing an application. - A landlord makes an exception of the no pet
policy for a tenant who needs a service animal.
56Reasonable Accommodations
- When requesting an accommodation, person must
show - has a disability as defined in the Act
- notify the landlord that they have a disability
(if necessary, doctors note for verification) - Why the request is necessary to be able to use
and enjoy the dwelling - Example because of my disability, would not be
able to live in the dwelling without their
service animal.
57Reasonable Accommodations
- Other facts
- To ignore or deny an accommodation request is
illegal - A person with a disability can request more than
one accommodation during their tenancy
58Reasonable Accommodations
- A housing provider can only deny an accommodation
request if - the request would impose an undue burden
- an unreasonable financial or administrative
burden - look at the overall financial resources available
to the provider - it would cause a fundamental alteration
- a significant change in the nature of services
provided (for instance, the housing provider
paying for home care services, taking care of a
pet for someone who could not because of their
disability).
59Reasonable Accommodations
- Can be requested
- While applying for housing --
- an accommodation can be requested that would help
you meet tenancy requirements to qualify as a
tenant - An applicant may not have regular tenant
histories because they have been living in a
nursing home for several years. They can request
accommodation to provide a letter from a service
provider assuring the landlord that the person is
reliable to pay the rent on time.
60Reasonable Accommodations
- When the tenant is being evicted because of a
lease violation - tenant has to show that the lease violation or
behavior was caused by his disability - the accommodation has to enable the tenant to
comply with the lease - Example, acquire treatment that would resolve
disturbing and threatening behavior to other
tenants.
61Reasonable Accommodations
- During tenancy
- If tenant becomes disabled or disability becomes
more severe, they may need to move to an
accessible or ground floor apartment. - Can request to transfer lease and security
deposit to another unit. - Can request to be permitted to terminate the
lease with loss of security deposit and other
penalties.
62Reasonable Modifications
- Right to request a reasonable modification
- It is illegal for any person to refuse to permit,
at the expense of a person with a disability,
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, except
that, in the case of a rental, the landlord may
where it is reasonable to do so condition
permission for a modification on the renter
agreeing to restore the interior of the premises
to the condition that existed before the
modification, reasonable wear and tear excepted.
63Reasonable Modifications
- Modification - means any change to the public or
common areas of a building or any change to a
dwelling unit. - At the tenants expense
- May be required to make restorations.
64Reasonable Modifications
- The tenant does not have to restore all
modifications. - Example a widened doorway would not interfere
with the next tenants use of the apartment. - Modifications made to the public and common areas
are not required to be restored.
65Reasonable Modifications
- Tenant has to ensure that the work will be done
in a workmanlike fashion. - For interior modifications, the tenant may be
required to establish an escrow account to cover
the costs of restoring major changes (that would
interfere with the next tenants use of the unit)
to its original condition such as restoring
kitchen cabinets to their original height.
66Reasonable Modifications
- If the next tenant wishes to keep the
modifications in place then the landlord is
required to return the escrow deposit to the
previous tenant. - It is recommended that modifications remain in
place to increase options for accessible housing
and because there is a demand for these features.
67Fair Housing ActDesign and Construction
Requirements
- Applies to multifamily dwellings with four or
more units which were constructed for first
occupancy on or after March 13, 1991. - Design and construction requirements apply to the
following - all dwelling units in buildings containing 4 or
more units if the buildings have one or more
elevators - all ground floor dwelling units in other
buildings containing 4 or more units (no elevator)
68Design and Construction Requirements
- Buildings that are not covered
- Detached single family homes
- Duplexes or triplexes
- Multistory townhouses (this is because the entire
unit is not on the ground floor)
69Design and Construction Requirements
- If the building contains multistory townhouses
and single story units, the building as a whole
is covered under the FHA, which means that the
single story units on the ground floor have to be
in compliance and all single story if there is an
elevator.
70Design and Construction Requirements
- A multistory unit would be covered if it contains
an elevator that provides access to the different
levels of the townhouse. - If the entry level of the multistory unit has
access to a public elevator, then that level must
comply to accessibility requirements.
71Design and Construction Requirements
- HUD has adopted 7 safe harbors for
accessibility standards - ANSI A117.1 (1986, 1992, 1998)
- HUD FHAAG (issued 1991)
- The Fair Housing Act Design Manual (1998)
- Code Requirements for Housing Accessibility 2000
- International Building Code 2000 with 2001
Supplement
72Design and Construction Requirements
- Meeting the Guidelines cannot be considered fully
accessible however it does give people with
disabilities greater freedom to choose where they
live.
73Design and Construction Requirements7 Technical
Requirements
- 1. An accessible building entrance on an
accessible route - if there are separate entrances for ground floor
units, each entrance must be accessible. - if there are common entrances to a multi-unit
building, at least one entrance--primarily used
by residents for entering the building--must be
accessible.
74Design and Construction Requirements7 Technical
Requirements
- An accessible entrance must be located on a route
that a person in a wheelchair can easily travel,
and must lead to and from meaningful locations
such as parking, dumpsters, public
transportation, other buildings in the complex,
and amenities such as laundry rooms and
recreational facilities.
75Design and Construction Requirements7 Technical
Requirements
- 2. Accessible public and common use areas
- Parking areas, passenger loading areas, lobbies,
lounges, halls and corridors, elevators, public
restrooms, and rental or sales offices must be
accessible. - Drinking fountains, mailboxes, laundry rooms,
community and exercise rooms, swimming pools,
playgrounds, recreation facilities and nature
trails must be accessible.
76Design and Construction Requirements7 Technical
Requirements
- At least half of the drinking fountains should be
accessible.
77Design and Construction Requirements7 Technical
Requirements
- Bathrooms in a public area must be accessible
with grab bars and maneuvering space.
78Design and Construction Requirements7 Technical
Requirements
- Dumpster should be accessible.
79Design and Construction Requirements7 Technical
Requirements
- Usable doors
- Doors must be wide enough to enable a person in
wheelchair to maneuver through them easily. - Public and common use doors, doors leading into
an individual dwelling unit, and all doors within
the unit are included. - Doors must have a minimum clear opening width of
32 inches (measure from face of the door to the
stop, with the door open 90 degrees).
80Design and Construction Requirements7 Technical
Requirements
- Usable doors (cont.)
- All types of doors are covered, including hinged
doors, sliding doors and folding doors. - Doors leading to any outdoor amenities the unit
may have, such as a balcony, patio or garage, are
covered. If a deck or garage has doorways
leading to two or more separate rooms, all these
doors must be usable.
81Design and Construction Requirements7 Technical
Requirements
- 4. Accessible routes into and through the
dwelling unit. - The threshold of a units exterior doors may not
ex-ceed 3/4 inch (this also applies to sliding
door tracks). - In single-story units, changes in height of 1/4
to 1/2 inch must be beveled. Those greater than
1/2 inch must be ramped or have other means of
access. - An accessible route inside the unit must have a
minimum clear width of 36 inches. - Hallways, passages, and corridors must be wide
enough to allow room to maneuver a wheelchair
throughout the unit.
82Design and Construction Requirements7 Technical
Requirements
- 5. Light switches, electrical outlets,
thermostats, and other environmental controls in
accessible locations - Controls must be no lower than 15 inches from the
floor and no higher than 48 inches. - 6. Reinforced walls in the bathrooms
- To allow later installation of grab bars around
the toilet, tub, shower and shower seat.
83Design and Construction Requirements7 Technical
Requirements
- Kitchen and bathrooms such that an individual in
a wheelchair can maneuver about the space. - Appliances must be located so they can be used by
a person in a wheelchair. A 30 inch by 48 inch
clear floor space is required for a parallel or
forward approach.
84Design and Construction Requirements7 Technical
Requirements
- A minimum of 40 inches of clear space is required
in kitchens to allow a person in a wheelchair to
maneuver between opposing base cabinets,
countertops, appliances, or walls.
85Design and Construction Requirements7 Technical
Requirements
- A U-shaped design requires a minimum of 5 feet in
diameter clear space, or removable cabinets at
the base of the U. - OR have removable cabinets under the sink with 40
inches between opposing counters.
86Design and Construction RequirementsUsable
Kitchens and Bathrooms
- Enough clear floor space is required in bathrooms
so that a person in a wheelchair can easily
enter, close the door, use the facilities and
fixtures, and leave.
87Fair Housing Resources
- Fair Housing Amendments Act of 1988
- 42 USC 3601 et seq.
- Implementing Regulation
- 24 CFR Part 14 et al.
- Section 504 of the Rehabilitation Act of 1973
- 29 USC 794
- Implementing Regulation
- 24 CFR Part 8
88Fair Housing Resources (cont.)
- DOJ/HUD Joint Statement Reasonable
Accommodations Under the FHA - DOJ/HUD Joint Statement Reasonable
Modifications Under the FHA
89Fair Housing and Related Laws
- Impact of Title II of ADA (State and Local Govt)
- Americans with Disabilities Act of 1990 newest
federal law that prohibits discrimination based
on disability - Title II covers housing programs, activities and
services operated by state or local governments
(for example, public housing, student housing
operated by state colleges and universities) - Ensures integration for people with disabilities
90Fair Housing and Related Laws
- Impact of Title II of ADA (State and Local Govt)
- Lack of physical access is discrimination
- These programs must follow UFAS or ADAAG as
accessibility standard - requires new construction and alterations to be
free of architectural barriers. - each part of a facility built or altered after
January 26, 1992 must be designed and constructed
to be accessible. - Requirements for effective communication,
reasonable accommodations, program accessibility,
self-evaluations and transition plans are similar
to HUD 504.
91Fair Housing and Related Laws
Impact of Title III of ADA (Public Accommodations)
- Public accommodations under Title III must be
accessible to people with disabilities (in
housing they would be places that serve the
public and not tenants only - sales or rental office, laundry facilities,
tennis courts, recreation rooms, day care
centers, or pool areas. - Buildings constructed for use after January 26,
1993 must be accessible.
92Fair Housing and Related LawsImpact of Title III
of ADA (Public Accommodations)
- Existing buildings and offices must have physical
barriers removed. - entrance, doors, parking and restrooms
accessible. - Alterations (include renovations, repair,
remodeling) made after Jan 26, 1992 to buildings
and offices must be made accessible. - lobby, bathrooms, etc.
93Fair Housing and Related Laws
Title II and III of ADA
- Enforcement
- US Dept of Justice, Disability Rights
Section, Civil Rights Division, P O Box 66738,
Washington, DC 20035-6738. - Accessibility standards
- Title II covered entities must use UFAS or ADAAG
- Title III entities must use ADAAG