Summary requirements for Insured Multifamily Properties

1 Unlike the Fair Housing Act where Congress assigned regulatory and enforcement authority to HUD, Section 504 of the Rehabilitation Act of 1973 obligates various Federal Agencies to develop implementing regulations.

• 2 “1st occupancy” means a building that was never used for any purpose. Buildings first occupied as commercial or nonresidential never have to comply with Fair Housing.

• 3 “Federally assisted” projects include those financed or assisted by Project Based Vouchers, 202/811, HOME, HOPWA, Rent Supplements, 236, TCAP, BMIR, etc. LIHTC alone does not constitute Federal assistance unless aforementioned funds are utilized.

• 4 See HUD’s Alternative Accessibility Standard set forth in HUD's notice at 79 Fed. Reg. 29,671 (May 23, 2014) (“Deeming Notice”), permitting HUD recipients of Federal financial assistance to use an alternative standard for purposes of complying with Section 504 and HUD’s implementing regulation at 24 CFR part 8. The Deeming Notice provides HUD recipients the option of using the 2010 ADA Standards (with certain exceptions) as an alternative to UFAS for new construction or alterations commencing on or after May 23, 2014.

• 5 See Appendix 5, Section A.5.2.4.5 for a discussion on projects built before July 11, 1988, or before the date of Federal assistance.

• 6 State and local governments are required to describe specific measures to make programs accessible. Such measures vary especially in reference to existing properties. Appropriate state and local officials must be consulted, particularly in reference to LIHTC transactions.

• 7 Adaptable Does Not Mean Deferrable. A common misinterpretation of the Fair Housing Act design and construction requirements holds that the term “adaptable” contemplates a delay or deferral of the time when “features of adaptable design” required by the statute or regulations may be completed. This is inaccurate. The “features of adaptable design” described in the Fair Housing Act design and construction standards are required at original design and construction. Adaptable for purposes of Section 504 is defined at 24 CFR 8.3 and contemplates limited future physical changes to meet specific needs of particular persons with disabilities.

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Appendix 5 Architectural and Construction Analysis A.5.2 Accessibility for Persons with Disabilities

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