Fair Housing Act Accessibility Requirements For Apartment Managers

This outline is designed for apartment managers to understand and comply with the Fair Housing Act (FHA) accessibility requirements and covers key aspects of the Fair Housing Accessibility FIRST program, which aims to increase the supply of accessible housing by ensuring compliance with FHA’s design and construction standards.

1. Introduction to Fair Housing Act Accessibility

  • Purpose: Ensure equal housing opportunities for persons with disabilities.
  • Applicability:
    • Applies to “covered multifamily dwellings” constructed for first occupancy after March 13, 1991.
    • Includes buildings with four or more units, with specific guidelines for those with and without elevators.

2. Overview of FHA Requirements for Accessible Housing

  • Covered Multifamily Dwellings:
    • All units in buildings with elevators.
    • All ground-floor units in buildings without elevators.
    • Includes various types of housing such as apartments, condos, time-shares, student housing, and more.
  • Non-covered Units: Detached single-family homes, duplexes, triplexes, multistory townhouses (with exceptions).

3. Key FHA Design and Construction Requirements

The FHA outlines seven design and construction requirements that must be met to ensure accessibility in covered multifamily dwellings:

  • Requirement 1: Accessible Building Entrance on an Accessible Route
    • At least one accessible entrance connected by a route without steps or curbs.
    • Must connect to public areas like parking, sidewalks, and public transit.
  • Requirement 2: Accessible and Usable Public and Common Areas
    • All public and common use areas, such as mailrooms, parking lots, lobbies, and recreational areas, must be accessible.
  • Requirement 3: Usable Doors
    • All doors must be wide enough for wheelchair access (minimum 32-inch clear opening).
  • Requirement 4: Accessible Routes into and Through Each Unit
    • Each unit must have an accessible route, including interior spaces such as living rooms, bedrooms, kitchens, patios, and balconies.
  • Requirement 5: Accessible Environmental Controls
    • Light switches, thermostats, and electrical outlets must be within an accessible range (e.g., 15-48 inches above the floor).
  • Requirement 6: Reinforcements for Grab Bars in Bathrooms
    • Bathroom walls must be reinforced to allow for future installation of grab bars near toilets, tubs, and showers.
  • Requirement 7: Usable Kitchens and Bathrooms
    • Kitchens and bathrooms must allow enough space for a person in a wheelchair to maneuver effectively.

4. Safe Harbors for Compliance

  • Definition: A “safe harbor” is a set of technical standards that, when fully implemented, ensures compliance with the FHA’s design and construction requirements.
  • List of Safe Harbors:
    • Includes HUD Fair Housing Accessibility Guidelines, ANSI standards, and various versions of the International Building Code (IBC).
  • Best Practices: Apartment managers should ensure adherence to one set of safe harbor guidelines in its entirety for compliance protection.

5. Strategies for FHA Compliance

  • Proactive Compliance: Ensure all new developments or renovations meet the FHA’s seven requirements from the start.
  • Due Diligence: Regularly review design plans, building permits, and construction progress to ensure compliance.
  • Training and Resources: Use the Fair Housing Accessibility FIRST program for technical guidance, training, and best practices.

6. Consequences of Non-Compliance

  • Legal and Financial Liabilities:
    • Potential for compensatory and punitive damages, along with civil penalties.
    • Costly retrofitting and delays in project completion if violations are identified post-construction.
    • Non-compliance can affect future property transactions and financing.
  • Impact on Residents:
    • Non-compliance denies individuals with disabilities their right to accessible housing.
    • Accessibility issues can lead to complaints, lawsuits, and loss of rental opportunities.

7. Benefits of Proactive Compliance

  • Marketability: Accessible units appeal to a broader market, including elderly individuals and families with mobility needs.
  • Aging Population: As the population ages, accessible features will increasingly become a necessity, providing long-term value to property owners.
  • Improved Housing Quality: Complying with FHA standards improves the overall usability and attractiveness of apartment units for all residents.

8. Practical Steps for Apartment Managers

  • Documentation: Keep detailed records of modifications, design choices, and compliance steps to protect against future liabilities.
  • Engage Experts: Consult architects, builders, and legal counsel knowledgeable in FHA compliance.
  • Accessibility Reviews: Periodically review public and common areas, ensuring they meet the FHA’s accessibility guidelines.

Accessibility Requirements for Apartment Management

Proactive understanding and compliance with the Fair Housing Act’s accessibility requirements benefit both apartment managers and tenants. By integrating these standards, apartment managers can avoid legal risks, serve a broader market, and ensure that their properties are welcoming to all residents, regardless of ability.

This outline equips apartment managers with the essential knowledge to maintain compliance and create inclusive, accessible environments for all residents.


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