A.5.2.4.4 ADA 2010 Standards as an Alternative to UFAS

A. In March 2011, the Department of Justice (DOJ), pursuant to its coordination authority under Section 504, advised Federal agencies that they may permit covered entities to use the 2010 ADA Standards for Accessible Design (the “2010 Standards”) as an alternative to UFAS until such time as agencies update their regulation implementing the Federally assisted provisions of Section 504. Accordingly, on May 23, 2014, HUD published a notice (the “Deeming Notice”) permitting HUD recipients of Federal financial assistance to use the 2010 Standards (along with certain additional requirements found in 24 CFR Part 8) for purposes of complying with Section 504 for new construction, substantial alterations, and other alterations commenced on or after May 23, 2014. (See citation for the Deeming Notice in Subsection G, Resources, #2, below.) The Deeming Notice is particularly useful for designers and owners of projects required to meet both the requirements of Section 504 as well as the 2010 Standards under the ADA, (e.g., LIHTC deals with Federal assistance such as HOME or Section 8.)