A.5.2.6.3 Accessible Units

A. In regard to dwelling units, the Fair Housing Act requires that all “covered multifamily dwellings” (see Appendix 5, Section A.5.2.3) with a building entrance on an accessible route have accessible public and common use areas and doors wide enough to allow passage into and within the premises by persons in wheelchairs. Unit interiors must have the following “features of adaptive design:” an accessible route into and through the dwelling; light switches, electrical outlets, thermostats and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. 24 CFR 100.205(c).

B. By contrast, HUD’s Section 504 regulations require that multifamily housing projects contain a minimum of 5% of units or at least one unit, whichever is greater, accessible for persons with mobility impairments and an additional 2% of units or at least one unit, whichever is greater, accessible for persons with hearing or vision impairments. In circumstances where greater need is shown, HUD may prescribe higher percentages. Further, accessible units must, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout projects and sites and shall be available in a sufficient range of sizes and amenities so that a qualified individual with disabilities’ choice

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of living arrangements is, as a whole, comparable to that of other persons eligible for housing assistance under the same program. 24 CFR 8.26. An accessible dwelling unit is defined as a unit “on an accessible route and adaptable and otherwise in compliance with the standards set forth in Section 8.32”.