A Fair Housing Defense blog reader asked me for some guidance on the design and construction requirement for new apartment communities (and if there are exceptions to these requirements). While this is a topic that is better covered in a book (as opposed to an individual blog entry), there are some universal requirements that can be shared. Accordingly, new multifamily housing (with four or more units) built for initial occupancy after March 13, 1991 must have:
*a building entrance that is wide enough for a wheelchair accessed via a route without steps;
*accessible public and common-use areas;
*doors that allow passage by a person in a wheelchair;
*an accessible route into and through the dwelling units;
*light switches, thermostats, and other environmental controls in accessible locations;
*reinforcements in bathroom walls for later installation of grab bars; and
*kitchens and bathrooms that allow a wheelchair to maneuver about the space.
These fair housing standards apply to all units in buildings with elevators. In buildings without elevators, only the ground floor units must be accessible. It does not matter if the units are going to be sold or rented. If state or local accessibility laws are stricter than the federal standards, the builder/designer/owner must follow the state or local law. The federal regulations note that housing on certain sites may (and I emphasize may) be exempt because of the terrain or unusual characteristics of the site – such as extreme hills or mountains as well as certain waterfronts. The burden to establish impracticality is squarely on the builder/designer/owner of the property. You will absolutely want to speak with a lawyer like me before concluding that your site meets one of the exemptions to the accessibility requirements.
Hope that helps.
Just A Thought.