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HUD Section 504, Fair Housing and ADA

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Title: HUD Section 504, Fair Housing and ADA


1
HUD 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

2
Fair 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

3
HUD Section 504 Regulations
  • Federally-Assisted Programs, Services and
    Activities

4
Rehabilitation 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.

5
HUD 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/

6
HUD 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

7
Section 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

8
HUD 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?

9
HUD 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.

10
HUD 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?

11
HUD 504What is discrimination? 8.4
  • Provide separate aids or services unless it is
    necessary in order to provide an equal
    opportunity.

12
HUD 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.

13
HUD 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.

14
HUD 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.

15
HUD 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.

16
HUD 504 Communications - cont.
  • Phone communication
  • TDD
  • Virginia Relay
  • Training on TDD and Virginia Relay

17
HUD 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

18
Section 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.

19
HUD 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.

20
HUD 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

21
Program 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.

22
Program 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.

23
Program 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

24
Program 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.

25
Impact 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.

26
Program 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.

27
Program 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.

28
Public 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.

29
Self-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

30
Self-Evaluation Plan cont.
  • Rewrite those policies that do not meet 504
    requirements
  • Write corrective action plan and take corrective
    steps to remedy the discrimination

31
Self-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
32
Program 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.

33
Program 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

34
Program 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.

35
Need 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).

36
Program 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

37
Program 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.

38
Program 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.

39
Reasonable 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

40
Reasonable 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.

41
Section 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.

42
Section 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

43
Section 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.

44
Section 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).

45
Section 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.

46
Section 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.

47
Section 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.

48
HUD 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)

49
Fair Housing Amendments Act
  • Disability Related Provisions

50
Fair 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

51
Fair 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?

52
Fair 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.

53
Fair 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

54
Fair 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

55
Reasonable 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.

56
Reasonable 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.

57
Reasonable 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

58
Reasonable 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).

59
Reasonable 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.

60
Reasonable 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.

61
Reasonable 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.

62
Reasonable 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.

63
Reasonable 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.

64
Reasonable 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.

65
Reasonable 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.

66
Reasonable 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.

67
Fair 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)

68
Design 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)

69
Design 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.

70
Design 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.

71
Design 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

72
Design 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.

73
Design 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.

74
Design 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.

75
Design 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.

76
Design and Construction Requirements7 Technical
Requirements
  • At least half of the drinking fountains should be
    accessible.

77
Design and Construction Requirements7 Technical
Requirements
  • Bathrooms in a public area must be accessible
    with grab bars and maneuvering space.

78
Design and Construction Requirements7 Technical
Requirements
  • Dumpster should be accessible.

79
Design 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).

80
Design 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.

81
Design 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.

82
Design 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.

83
Design 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.

84
Design 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.

85
Design 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.

86
Design 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.

87
Fair 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

88
Fair Housing Resources (cont.)
  • DOJ/HUD Joint Statement Reasonable
    Accommodations Under the FHA
  • DOJ/HUD Joint Statement Reasonable
    Modifications Under the FHA

89
Fair 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

90
Fair 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.

91
Fair 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.

92
Fair 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.

93
Fair 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
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