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What Are The ADA Requirements for Multifamily Properties?
For multifamily investors and developers, it's essential to know what ADA rules may apply to their property. That way, they can steer clear of potential lawsuits and fines. Despite widespread knowledge that the Act exists, many people misunderstand the exact ways in which these regulations apply to the average multifamily property.
- Understanding The Accessibility Requirements for Multifamily Properties
- The ADA Does Not Require Accessible Units, And Most Properties Do Not Need Them
- The Fair Housing Act and the Americans With Disabilities Act
- Federally Funded Housing Must Conform To The Uniform Federal Accessibility Standards (UFAS)
- Much Of The ADA Deals With Public Facilities
- Section 504 Of The Rehabilitation Act of 1973 Impacts Some Subsidized Properties
- Related Questions
- Get Financing
Understanding The Accessibility Requirements for Multifamily Properties
The ADA, or Americans with Disabilities Act, was signed into law by President George H.W. Bush 1990, and was intended to protect people with disabilities in a variety of ways. The Act attempts to ensure that both public places and private places that are open to the public do not discriminate against disabled individuals. For multifamily investors and developers, it's essential to know what ADA rules may apply to their property. That way, they can create a welcoming environment for all potential residents, as well as steering clear of potential lawsuits and fines. Despite widespread knowledge that the ADA exists, many people misunderstand the exact ways in which its regulations apply to the average multifamily property.
The ADA Does Not Require Accessible Units, And Most Properties Do Not Need Them
It's a common misconception among apartment owners and operators that buildings must have one or more ADA accessible units, but this is simply not the case. There is no such thing as an ADA unit. However, the common areas of apartment buildings often do need to apply to ADA standards. In general, this includes the rental office of the property, as rental offices are generally open to the general public. ADA regulations also generally apply to the parking lots of a leasing office, and typically require that parking spots are van-accessible (specifically, access aisles for van spots need to be at least 8 feet wide). Apartment buildings will need to post a visible sign that indicates the availability of van-friendly parking. In addition, ADA rules often apply to game rooms or community rooms, particularly if these rooms are rented out to the public.
The Fair Housing Act and the Americans With Disabilities Act
While understanding ADA regulations is important for apartment owners and developers, it isn't the only piece of disability accessibility legislation that applies to multifamily properties. In fact, in many cases, the Fair Housing Act is more relevant. For one, the Fair Housing Act mandates that all buildings with 4+ units built for first occupancy after March 13, 1991, must meet the Act's accessibility requirements.
While we just mentioned that the ADA does not generally require any changes to individual apartment units, The Fair Housing Amendments Act of 1988 (FHAA) often does. Specifically, this Act requires that apartment buildings constructed after March 13, 1991, have certain features that will make them adaptable for disabled residents. Every ground-floor unit in a building (and all units in buildings with elevators) must conform to an adaptable standard. However, "adaptable" is not the same as "accessible" (and is generally a somewhat more lenient standard). Specifically, an adaptable unit must seven specific design features, which will make it easier for a building owner/operator to make the unit accessible within a short time frame. One requirement is reinforced bathroom walls, which would permit an owner to easily install grab bars near the toilet and shower if a disabled resident were to move into the unit.
HUD created a Fair Housing Act Design Manual, which can help investors and developers determine whether a current or proposed apartment property meets Fair Housing Act Standards. Other documents that may be helpful include HUD's Fair Housing Act Accessibility Guidelines and HUD's Fair Housing Act Question and Answer Supplement.
Federally Funded Housing Must Conform To The Uniform Federal Accessibility Standards (UFAS)
If a newly constructed development is using federal funds and has 5+ units, the greater of 5% of the units, or one unit, need to be accessible for people with disabilities, conforming to the Uniform Federal Accessibility Standards (UFAS).
Much Of The ADA Deals With Public Facilities
While parts of the ADA do impact multifamily housing, much of the Act focuses on regulating areas like parks, hotels, and other public spaces. Title III of the Act is geared toward ensuring that any public areas in apartment buildings are accessible to individuals with disabilities.
Section 504 Of The Rehabilitation Act of 1973 Impacts Some Subsidized Properties
For investors or owners of subsidized properties undergoing rehabilitation, it’s also important to realize that these properties generally mist follow accessible design rules established in Section 504 of the Rehabilitation Act of 1973. Specifically, these include some USDA funded-properties built during or after 1982 and HUD-financed properties built during 1988 or after.
Section 504 requires that 5% of all units be disability accessible units, while 2% of the units need to accessible for the visually or hearing impaired. Common areas also need to be disability accessible for properties built before these dates. Properties built after these dates do not generally need to follow these rules unless they are undergoing substantial rehabilitation. It's important to realize that these rules do not apply to all properties using government subsidies.
Overall, accessibility regulations in the U.S. can be numerous, and, while most don’t apply to the average apartment building, some certainly do. Before building, acquiring, or rehabilitating a multifamily property, investors and developers will want to take a deeper dive into these regulations themselves, as well as making sure that the experts they work with (i.e. general contractors, lawyers, property managers) can help advise them on accessibility compliance issues.
Related Questions
What are the requirements for ADA compliance in multifamily properties?
The Americans with Disabilities Act (ADA) does not generally require any changes to individual apartment units. However, the Fair Housing Act and the Fair Housing Amendments Act of 1988 (FHAA) often do. Specifically, this Act requires that apartment buildings constructed after March 13, 1991, have certain features that will make them adaptable for disabled residents. Every ground-floor unit in a building (and all units in buildings with elevators) must conform to an adaptable standard. However, "adaptable" is not the same as "accessible" (and is generally a somewhat more lenient standard). Specifically, an adaptable unit must seven specific design features, which will make it easier for a building owner/operator to make the unit accessible within a short time frame. One requirement is reinforced bathroom walls, which would permit an owner to easily install grab bars near the toilet and shower if a disabled resident were to move into the unit.
For more information, HUD created a Fair Housing Act Design Manual, which can help investors and developers determine whether a current or proposed apartment property meets Fair Housing Act Standards. Other documents that may be helpful include HUD's Fair Housing Act Accessibility Guidelines and HUD's Fair Housing Act Question and Answer Supplement.
What are the penalties for non-compliance with ADA regulations in multifamily properties?
The penalties for non-compliance with ADA regulations in multifamily properties depend on the type of regulation. For example, the Fair Housing Act (FHAA) is enforced by the Department of Housing and Urban Development (HUD). If a property owner is found to be in violation of the FHAA, they may be subject to civil penalties of up to $16,000 for a first violation and up to $65,000 for subsequent violations. Additionally, the Department of Justice (DOJ) may bring a civil action against a property owner for violations of the Americans with Disabilities Act (ADA). If found in violation, the DOJ may impose civil penalties of up to $75,000 for a first violation and up to $150,000 for subsequent violations. For more information, please see the following sources:
What are the best practices for ensuring ADA compliance in multifamily properties?
The best practices for ensuring ADA compliance in multifamily properties include understanding the accessibility requirements of both the Fair Housing Act and the Americans With Disabilities Act. The Fair Housing Act mandates that all buildings with 4+ units built for first occupancy after March 13, 1991, must meet the Act's accessibility requirements. This includes having certain features that will make the units adaptable for disabled residents. HUD created a Fair Housing Act Design Manual, which can help investors and developers determine whether a current or proposed apartment property meets Fair Housing Act Standards. Other documents that may be helpful include HUD's Fair Housing Act Accessibility Guidelines and HUD's Fair Housing Act Question and Answer Supplement.
Much of the ADA deals with public facilities, so Title III of the Act is geared toward ensuring that any public areas in apartment buildings are accessible to individuals with disabilities.
What are the most common ADA violations in multifamily properties?
The most common ADA violations in multifamily properties include failure to provide accessible parking, failure to provide accessible routes to the building, failure to provide accessible common areas, and failure to provide accessible signage. For example, parking lots must have accessible parking spots with access aisles that are at least 8 feet wide. Common areas must be accessible to individuals with disabilities, and signage must be visible and easy to read.
For more information, please refer to the 2010 ADA Standards for Accessible Design.
What are the benefits of ADA compliance for multifamily properties?
ADA compliance can provide a number of benefits for multifamily properties. For one, it can help ensure that all tenants have equal access to the property and its amenities. Additionally, it can help protect owners and investors from potential legal issues. Finally, it can help attract more tenants to the property, as many people with disabilities prefer to live in ADA-compliant buildings.
For more information on ADA requirements for multifamily properties, please see the following sources:
What are the costs associated with ADA compliance for multifamily properties?
The costs associated with ADA compliance for multifamily properties depend on the type of property and the extent of the renovations needed. For newly constructed developments using federal funds, the costs of ADA compliance are typically included in the overall construction costs. For existing properties, the costs of ADA compliance can vary greatly depending on the extent of the renovations needed. For example, some renovations may include installing ramps, widening doorways, and making bathrooms accessible. Other renovations may include installing elevators, making common areas accessible, and providing accessible parking. Generally, the costs of ADA compliance can range from a few thousand dollars to tens of thousands of dollars.
For more information, please see the following sources:
- Understanding The Accessibility Requirements for Multifamily Properties
- The ADA Does Not Require Accessible Units, And Most Properties Do Not Need Them
- The Fair Housing Act and the Americans With Disabilities Act
- Federally Funded Housing Must Conform To The Uniform Federal Accessibility Standards (UFAS)
- Much Of The ADA Deals With Public Facilities
- Section 504 Of The Rehabilitation Act of 1973 Impacts Some Subsidized Properties
- Related Questions
- Get Financing