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