by Brianna Crandall — May 13, 2013—New guidance released April 30 by the U.S. Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) reinforces the Fair Housing Act requirement that multifamily housing be designed and constructed so that it is accessible to persons with disabilities.
The joint statement on Accessibility (Design And Construction) Requirements for Covered Multifamily Dwellings under the Fair Housing Act is designed to assist architecture and design professionals, developers and builders in understanding and meeting their obligations and to assist persons with disabilities in understanding their rights regarding the “design and construction” requirements of the federal Fair Housing Act. It may also help FMs and property managers who are responsible for compliance in multifamily facilities.
The Fair Housing Act prohibits discrimination in housing based on disability, race, color, national origin, religion, sex and familial status. The Fair Housing Act also requires that multifamily housing built for first occupancy after March 1991 contain accessible features for persons with disabilities. HUD and DOJ share responsibility for enforcing the federal Fair Housing Act.
“Today, more than 30 million Americans use a wheelchair or have difficulty walking or climbing stairs, and they have every right to live in housing that is accessible to them,” stated John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “This new guidance promotes access and helps developers construct housing that complies with the Fair Housing Act from the start so they don’t have to retrofit later.”
Under the Fair Housing Act, housing built for first occupancy after March 1991 must include:
- Public and common use areas that are readily accessible to and usable by persons with disabilities;
- Doors that are designed to allow passage into and within all premises of covered dwellings and that are sufficiently wide to allow passage by persons with disabilities, including persons who use wheelchairs;
- An accessible route into and through the dwelling unit;
- Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
- Reinforcements in bathroom walls to allow the later installation of grab bars; and
- Usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about and use the space.
