Presentation on theme: "HUD Section 504, Fair Housing and ADA"— Presentation transcript:
1HUD Section 504, Fair Housing and ADA 4/1/2017HUD Section 504, Fair Housing and ADAVantoria Clay, Housing and Transportation CoordinatorEndependence Center, Inc.6300 E Virginia Beach BlvdNorfolk, VA 23502TDDFAX
2Fair Housing and Related Laws 4/1/2017Fair Housing and Related LawsSection 504 of Rehabilitation Act 1973Fair Housing Amendments Act of 1988Impact of ADA Title II State & Local Govt and Title III Public Accommodations
4Rehabilitation Act of 1973, Section 504 4/1/2017Rehabilitation Act of 1973, Section 504Section 504 prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance.Whether housing or non-housing“No otherwise qualified individual with handicaps in the United States…shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any program or activity conducted by any Executive agency or by the United States Postal Service.”
54/1/2017HUD Section 504 24 CFR Part 8 Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities; Final Rule Online: Order copy: Contact HUD’s Direct Distribution Center or Order through Center’s online ordering system
6HUD Section 504: Who is covered? 4/1/2017HUD Section 504: Who is covered?Public Housing Agencies (PHAs)Cities and towns that receive funds such as CDBGSection 8 and other PHA program and activitiesPrivate, HUD-assisted housing providersStudent housingMilitary housingNon-profits developing housing activities with:Section 811, HOME, CDBG, HOPWA, HOPE, Homeless Programs – Emergency Shelter Grants, Supportive Housing Program, Shelter Plus Care, and SRO Moderate Rehab ProgramAny organization receiving funds from HUD
7Section 504: Who is covered? cont. 4/1/2017Section 504: Who is covered? cont.Private, HUD-assisted housing providersMultifamily Housing Division-- MFH Inventory Survey of Units for the Elderly and Disabled, Mar 2009Click on Virginia
8HUD 504: What is discrimination? § 8.4 4/1/2017HUD 504: What is discrimination? § 8.4To deny a person with a disability the opportunity to participate in or benefit from in any program solely on the basis of their disabilityWhat to do? – A housing provider has to provide accessible transportation if offers transportation to their tenants.To benefit from the Section 8 HCV program, a person with disability-related barriers that prevent him/her from being able to seek housing at all or seek housing to the extent as others without disabilities would need additional time to search.A PHA may have a policy that calls for one month for initial search and 1 30-day extension; and to accommodate people with disabilities, the individual can receive 1 additional 30-day notice.Is this an appropriate policy for a reasonable accommodation?
9HUD 504: What is discrimination? § 8.4 4/1/2017HUD 504: What is discrimination? § 8.4To offer people with disabilities an opportunity to participate in any housing, program or service that is not equal to that afforded to othersWhat to do? – Provide the same type and level of services. Do not require more sessions/ meetings than the home ownership program requires.
10HUD 504: What is discrimination? § 8.4 4/1/2017HUD 504: What is discrimination? § 8.4Provide a service that is not as effective as that provided to othersEx – The housing agency provides a section 8 landlord list but does not include a reasonable number of options for accessible housing.Ex – the housing agency chooses a location or building for housing that is not or cannot be altered to be accessible.An existing HUD-assisted development is making substantial alterations to a mix of 1, 2 and 3 bedroom units. Should the provider ensure that 1 bedroom units are accessible?
11HUD 504: What is discrimination? § 8.4 4/1/2017HUD 504: What is discrimination? § 8.4Provide separate aids or services unless it is necessary in order to provide an equal opportunity.
12HUD 504: What is discrimination? (§ 8.4 ) 4/1/2017HUD 504: What is discrimination? (§ 8.4 )Provide a significant aid or assistance to any agency that discriminated on the basis of disabilityEx – A PHA should not provide land or funding to a housing developer that does not accommodate applicants and tenants with disabilities or is not in compliance with FHAA or Section 504 accessibility requirements.What to do? Have the developer to make assurances that they will comply with Section 504 and/or FHAA accessibility requirements.
13HUD 504: What is discrimination? (§ 8.4 ) 4/1/2017HUD 504: What is discrimination? (§ 8.4 )Deny a person with a disability the opportunity to participate as a member of a planning or advisory boardWhat to do? Ensure that people with disabilities are represented on the PHA’s Resident Advisory Board, or any boards or committees that a federally-assisted agency forms.
14HUD 504: Communications Section 8.6 4/1/2017HUD 504: Communications Section 8.6For program accessibility, an agency must provide effective communication.For verbal and written communications/material.All information must be available in alternate formats or through an auxiliary aid.Examples: Sign language interpreters, Braille, audio cassette, computer disk, large print, personal listening devices (amplifies speech), note-taking, etc.
15HUD 504: Communications cont. 4/1/2017HUD 504: Communications cont.Type of alternate format or auxiliary aidPrimary consideration given to individual’s preference;if the format would cause a fundamental alteration to the program or an undue financial/ administrative burden, another format must be selected that would be equally effective.
16HUD 504: Communications - cont. 4/1/2017HUD 504: Communications - cont.Phone communication:TDDVirginia RelayTraining on TDD and Virginia Relay
17HUD 504: Accessibility Standards (§ 8.32) 4/1/2017HUD 504: Accessibility Standards (§ 8.32)Accessibility standard used:UFAS – Uniform Federal Accessibility StandardsFacilities– site/office for a non-housing program – alterations and new constructionResidential:Common and public areasDwelling units (multifamily and home ownership)Or, other standard that is equal or more strictDesign and New constructionAdditions to existing buildingsAlterations and substantial alterations
18Section 504: UFAS Residential Apartment housing 4/1/2017Section 504: UFASResidentialApartment housingFederally assisted – minimum of 5% of dwelling units, or greater according to a local needs assessmentFederally owned – minimum of 5% of dwelling unitsSingle family homes and duplexesRental – minimum of 5% of the total, or greater according to a local needs assessmentHome ownership – 5% of total; if built per home buyer, accessibility determined by the home buyer.
19HUD 504: Accessibility Standards Published by the Access Board (Architectural, Transportation Barriers Compliance Board)Enforced by HUDNote: bedrooms of accessible dwelling unitsUFAS requires at least 2 bedrooms to be on an accessible route within the unitHowever, because of HUD 504 regulation to provide equal benefit, all bedrooms in an accessible dwelling are required to be on an accessible route.
20HUD Section 504: Program Access Existing Programs 4/1/2017HUD Section 504: Program Access Existing ProgramsIf the recipient has a facility or housing that is not accessible, people with disabilities cannot be excluded from accessing, participating in or benefiting from a federally-assisted program or activity. -- Section 8.20– Non-housing facilitiesFacilities existing at time HUD regulations were published in 1988Alterations, other methods and Transition PlansLocating an existing facilityNew construction- Housing buildings and dwelling unitsAlterationsSubstantial alterationsTransition Plan
21Program Accessibility: Non-housing programs 4/1/2017Program Accessibility: Non-housing programsNon-housing facilitiesAlterations – to the maximum extent feasible be made readily accessible to and usable by people with disabilities.That does not impose an undue administrative and financial burden on the operation of the program or activity.
22Program Accessibility: Non-housing programs 4/1/2017Program Accessibility: Non-housing programsA program or activity has to be viewed in its entirety to determine whether it is accessible to people with disabilitiesNot every non-housing facility has to be made accessibleApplies to existing programs at the time HUD 504 regulations were made final.
23Program Accessibility: Non-housing programs 4/1/2017Program Accessibility: Non-housing programsOther ways to make a program accessibleRecipient can relocate its program to another building that is accessibleCurrently owns; acquire new building or new-constructRelocate program to another floor or area of the building that is accessibleMake alterations to a certain area or rooms of the building to be accessed by the publicMake home visits
24Program Accessibility: Non-housing programs 4/1/2017Program Accessibility: Non-housing programsIn selecting methods, the agency must ensure that the program or activity is provided in the most integrated settingIf the program involves group sessions, consider that location to be made accessible or relocate the sessions to another location vs. meeting individuals with disabilities separately at another location.
25Impact of equal access, benefit and participation in Program Accessibility Now that HUD’s 504 implementation regulations have been around since 1988, agencies and housing providers should be familiar with the need for physical access to support program accessibility.HUD 504 regulation requires under the discrimination prohibited section:In determining a site or location to operate a federally-assisted program, should not make selections which would exclude people with disabilities or deny the benefits of.
26Program Accessibility: Existing Housing & Transition Plans 4/1/2017Program Accessibility: Existing Housing & Transition PlansIf private, HUD-assisted provider is to make structural modifications (Sec 8.24)Recipients had to develop a transition plan – which initially was due by Jan 1989.Must continue to update Transition Plans as barriers are identified through self-evaluations.Transition Plans are required to be made available for public review.
27Program Accessibility: Transition Plans cont. 4/1/2017Program Accessibility: Transition Plans cont.Identify physical obstaclesDescribe in details the methods that will be used to make the facilities accessibleSpecify the schedule for taking the steps needed to remove physical obstaclesIndicate the staff person responsible in overseeing the planIdentify the persons or groups involved in preparation for the plan.
28Public Housing Agencies: Transition Plan and Needs Assessment 4/1/2017Public Housing Agencies: Transition Plan and Needs AssessmentAssess the needs of current tenants and applicants for accessible units to determine how many accessible units are needed.Continue to be encouraged by HUD to conduct a needs assessment at least annually.Work with people with disabilities and advocacy groups.Were to develop a transition plan to show what will be done over the next 4 years.
29Self-Evaluation Plan: All assisted programs (§8.51) Required by Section 504If state and locally funded, ADA Title IIAgency is required to consult with people with disabilities and advocate groupsEvaluate all policies and procedures to identify any discrimination and to ensure program accessibilityReview employment policiesReview of housing policies
30Self-Evaluation Plan cont. 4/1/2017Self-Evaluation Plan cont.Rewrite those policies that do not meet 504 requirementsWrite corrective action plan and take corrective steps to remedy the discrimination
31Self-Evaluation Plan cont. Areas to be evaluated:Buildings or facilities for physical accessibilityProgram outreach and communicationEligibility and admission criteria and practiceDistribution and Occupancy policy and practicePercentage of accessible unitsEmployment (including pre-employment)Complaint processing procedure31
32Program Accessibility: Housing Programs 4/1/2017Program Accessibility: Housing ProgramsNew Construction – Section 8.22Housing built after 1988; rental and salesA minimum of 5% of the total of the dwelling units or least one unit whichever is greater, shall be designed and constructed to be accessible for persons with mobility impairments. An additional 2% of the units (but not less than one unit) shall be accessible to persons with vision or hearing impairments.
33Program Accessibility: Housing Programs 4/1/2017Program Accessibility: Housing ProgramsExisting Housing Facilities – (as of June 1988)Substantial alterations – Section 8.23 (a)If alterations are undertaken to a project that has 15 or more units and the cost of the alterations is 75% or more of the replacement cost of the completed facility, then the provisions of §8.22 for new construction shall apply.* apply UFAS accessibility standards (or stricter)Dwelling unitsCommon and public areas
34Program Accessibility: Housing Programs 4/1/2017Program Accessibility: Housing ProgramsOther alterations–Section 8.23 (b)Other alterations made to dwelling units and common areas must, to the maximum extent feasible, be made accessible.Up to the point where it would not impose an undue financial and administrative burdenFor example, if the front entrance was renovated, instead of replacing the 2 steps, the entrance walkway should be graded.If alterations include both kitchen and bathroom then entire unit must be made accessible, including entrance door.
35Need for more than 5 percent accessible units For both new construction and alterations to existing housing:A recipient of a federally-assisted housing activity may request to HUD to make more than minimum required amount accessible based upon documentation showing need (using census data or other current data).
36Program Accessibility – Housing Providers Accessible units should be evenly distributed throughout the different sites, to include comparable number of bedroom sizes and amenitiesAdvertising and outreach to people with disabilitiesMaximize the use of available accessible unitsLease agreements for renters without disabilities occupying accessible units
37Program Accessibility: Reasonable Accommodations 4/1/2017Program Accessibility: Reasonable AccommodationsMust provide reasonable accommodationsMake a change, adaptation or modification to a rule, policy, practice, procedures or to a workplace which will allow a person with a disability to participate fully in a program, to use and enjoy a dwelling unit, common and public areas, take advantage of a service, or perform a job.Examples:Assisting an individual with limited mobility with filling out an application.Home visit if the person has no transportation to get to the facility or site.
38Program Accessibility: Reasonable Accommodations Mail a rental or program application to the individual who is not able to come to the site because of their disability.Provide services in another location that is served by paratransit.Accepting a professional or personal reference if an applicant does not have a recent rental reference after being in a nursing home for several years.Post reminders on apartment door for rent due for a tenant with a brain injury.Unit modifications – ramps, grab bars, wall-hung bath sink, automatic door openerAssigning a larger sized unit to accommodate a live-in aide.
39Reasonable accommodation requests 4/1/2017Reasonable accommodation requestsWho covers costs for reasonable accommodations?Housing provider or the agency operating the program, activity or serviceWhat is reasonable?Will not impose an undue financial and administrative burden on the agency/housing providerWill not result in a fundamental alteration in the nature of the program or operationsEx – a request to provide housekeeping services which are not already included in the housing program
40Reasonable Accommodations If the request is determined to be unreasonable, the agency or housing provider can offer another accommodation.Will need to meet the needs of the individual.Or, the individual can request another type of accommodation.Staff needs to be aware that the individual may not use the term “reasonable accommodation” when requesting an accommodation.
41Section 8 HCV Program: Program Accessibility 4/1/2017Section 8 HCV Program: Program AccessibilityEnsure that public notices and advertisements reach people with disabilities.Send to organizations and interest and advocate groups that assist people with disabilities.Include nursing homes, long-stay hospitals and ICFs/MR.Provide various ways to advertise – internet, churches, social service programs, senior service agencies, libraries, etc.
42Section 8 HCV Program: Program Accessibility Encourage owners with accessible units to participateSingle family homes – constructed or modifiedApartments – buildings with 4 or more units constructed after March 1991 are to meet FHAA accessibility requirementsOlder apartments – modified by owner or previous tenantEducate owners on “value of accessibility” as an incentive to modifying existing housing
43Section 8 HCV Program: Program Accessibility Include accessible housing in the current housing referral listIn most cases, which is required, the Section 8 worker will need to assist the individual in locating an available accessible unit.
44Section 8 HCV Program: Program Accessibility Agency is required to provide search extensions to accommodate those having difficulty with locating accessible housing.An accommodation can include allowing the individual to port the voucher to another location.To promote Money Follows the Person, HUD encourages agencies to modify policies to include a longer initial search time for individuals transitioning from nursing homes and other institutions (HUD PIH Notice ).
45Section 8 HCV Program: Program Accessibility 4/1/2017Section 8 HCV Program: Program AccessibilityThe only option for an accessible housing could be for a unit that has a higher rent than what the payment standard allowsThe agency is required to request an exception above 110% of the FMR to the HUD field office.Above 120% to the Headquarters office.Required to contract with landlords assuring that they will not discriminate applicants and renters on the basis of disability.
46Section 8 HCV Program: Program Accessibility It is recommended that Section 8 workers be knowledgeable of FHA protections concerning illegal questioning, providing reasonable accommodations, permitting reasonable modifications and if new construction, meeting FHAA accessibility requirements.To effectively ensure that a HCV recipient has equal opportunity to housing and able to fully use and enjoy the dwelling; thereby, have opportunity to benefit from the Section 8 program.
47Section 504: Policy Evaluation and Grievance Procedures Designate 504 Coordinator - Section 8.53Federally-assisted entities with 15 or more employees must designate at least one employee to oversee its compliance with Section Grievance procedures must be established for recipients of federal assistance.
48HUD Section 504 Resources on CD 4/1/2017HUD Section 504 Resources on CDHUD PIH Notice – Non-Discrimination and Accessibility For Persons with DisabilitiesReasonable Accommodation Resource Guide, M Yohe, Office of Public Housing, US HUDHUD Notice H – compliance with Section 504 and the Disability/Accessibility Provisions of the FHA of 1988 (private, MFH providers)
49Fair Housing Amendments Act Disability Related Provisions
50Fair Housing Act Protections for People with Disabilities Illegal Inquiriesit is illegal to inquire whether a person has a disabilityto make an inquiry as to the nature or severity of a person’s disability
51Fair Housing Act Protections for People with Disabilities Do you take medications?Why do you receive SSI?Have you been in a drug rehab program?Do you have a disability?Are you able to live independently?Are you sure you can live alone?
52Fair Housing Act Protections for People with Disabilities Certain questions are permitted only if they are asked of all applicantsWhether the person can meet the requirements of ownership or tenancyWhether the person is qualified for housing that is designated only to persons with disabilities or to persons with particular types of disabilitiesIn assisted housing, HUD permits designated housing for people with physical disabilities, developmental disabilities, or chronic mental illness.
53Fair Housing Act Protections for People with Disabilities The Act does not protect a person whose disabilitywould constitute a direct threat to the health and safety of other individualsmust be supported with recent, credible, objective evidencewould result in substantial physical damage to the property of others
54Fair Housing Act Protections for People with Disabilities Right to request a reasonable accommodationit is illegal to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwellingto include public and common use areas
55Reasonable Accommodations 4/1/2017Reasonable AccommodationsExamples:Reserved accessible parking spaceNotification in advance for tenant with chemical sensitivity of painting and pest treatments.Waiving parking fees for personal assistant.A landlord assists an applicant with a cognitive disability in completing an application.A landlord makes an exception of the “no pet” policy for a tenant who needs a service animal.
56Reasonable Accommodations When requesting an accommodation, person must showhas a disability as defined in the Actnotify the landlord that they have a disability (if necessary, doctor’s note for verification)Why the request is necessary to be able to use and enjoy the dwellingExample – because of my disability, would not be able to live in the dwelling without their service animal.
57Reasonable Accommodations 4/1/2017Reasonable AccommodationsOther facts:To ignore or deny an accommodation request is illegalA person with a disability can request more than one accommodation during their tenancy
58Reasonable Accommodations A housing provider can only deny an accommodation request if:the request would impose an undue burdenan unreasonable financial or administrative burdenlook at the overall financial resources available to the providerit would cause a fundamental alterationa significant change in the nature of services provided (for instance, the housing provider paying for home care services, taking care of a pet for someone who could not because of their disability).
59Reasonable Accommodations 4/1/2017Reasonable AccommodationsCan be requested:While applying for housing --an accommodation can be requested that would help you meet tenancy requirements to qualify as a tenantAn applicant may not have regular tenant histories because they have been living in a nursing home for several years. They can request accommodation to provide a letter from a service provider assuring the landlord that the person is reliable to pay the rent on time.
60Reasonable Accommodations When the tenant is being evicted because of a lease violationtenant has to show that the lease violation or behavior was caused by his disabilitythe accommodation has to enable the tenant to comply with the leaseExample, acquire treatment that would resolve disturbing and threatening behavior to other tenants.
61Reasonable Accommodations During tenancy:If tenant becomes disabled or disability becomes more severe, they may need to move to an accessible or ground floor apartment.Can request to transfer lease and security deposit to another unit.Can request to be permitted to terminate the lease with loss of security deposit and other penalties..
62Reasonable Modifications Right to request a reasonable modificationIt is illegal for any person to refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
63Reasonable Modifications 4/1/2017Reasonable ModificationsModification - means any change to the public or common areas of a building or any change to a dwelling unit.At the tenant’s expenseMay be required to make restorations.
64Reasonable Modifications 4/1/2017Reasonable ModificationsThe tenant does not have to restore all modifications.Example: a widened doorway would not interfere with the next tenant’s use of the apartment.Modifications made to the public and common areas are not required to be restored.
65Reasonable Modifications Tenant has to ensure that the work will be done in a workmanlike fashion.For interior modifications, the tenant may be required to establish an escrow account to cover the costs of restoring major changes (that would interfere with the next tenant’s use of the unit) to its original condition; such as restoring kitchen cabinets to their original height.
66Reasonable Modifications If the next tenant wishes to keep the modifications in place; then the landlord is required to return the escrow deposit to the previous tenant.It is recommended that modifications remain in place to increase options for accessible housing and because there is a demand for these features.
67Fair Housing Act: Design and Construction Requirements Applies to multifamily dwellings with four or more units which were constructed for first occupancy on or after March 13, 1991.Design and construction requirements apply to the following:all dwelling units in buildings containing 4 or more units if the buildings have one or more elevatorsall ground floor dwelling units in other buildings containing 4 or more units (no elevator)
68Design and Construction Requirements Buildings that are not covered:Detached single family homesDuplexes or triplexesMultistory townhouses (this is because the entire unit is not on the ground floor)
69Design and Construction Requirements If the building contains multistory townhouses and single story units, the building as a whole is covered under the FHA, which means that the single story units on the ground floor have to be in compliance and all single story if there is an elevator.
70Design and Construction Requirements A multistory unit would be covered if it contains an elevator that provides access to the different levels of the townhouse.If the entry level of the multistory unit has access to a public elevator, then that level must comply to accessibility requirements.
71Design and Construction Requirements HUD has adopted 7 “safe harbors” for accessibility standardsANSI A117.1 (1986, 1992, 1998)HUD FHAAG (issued 1991)The Fair Housing Act Design Manual (1998)Code Requirements for Housing Accessibility 2000International Building Code 2000 with 2001 Supplement
72Design and Construction Requirements 4/1/2017Design and Construction RequirementsMeeting the Guidelines cannot be considered fully accessible; however it does give people with disabilities greater freedom to choose where they live.
73Design and Construction Requirements 7 Technical Requirements 1. An accessible building entrance on an accessible routeif there are separate entrances for ground floor units, each entrance must be accessible.if there are common entrances to a multi-unit building, at least one entrance--primarily used by residents for entering the building--must be accessible.
74Design and Construction Requirements 7 Technical Requirements 4/1/2017Design and Construction Requirements 7 Technical RequirementsAn accessible entrance must be located on a route that a person in a wheelchair can easily travel, and must lead to and from meaningful locations such as parking, dumpsters, public transportation, other buildings in the complex, and amenities such as laundry rooms and recreational facilities.
75Design and Construction Requirements 7 Technical Requirements 2. Accessible public and common use areasParking areas, passenger loading areas, lobbies, lounges, halls and corridors, elevators, public restrooms, and rental or sales offices must be accessible.Drinking fountains, mailboxes, laundry rooms, community and exercise rooms, swimming pools, playgrounds, recreation facilities and nature trails must be accessible.
76Design and Construction Requirements 7 Technical Requirements 4/1/2017Design and Construction Requirements 7 Technical RequirementsAt least half of the drinking fountains should be accessible.
77Design and Construction Requirements 7 Technical Requirements 4/1/2017Design and Construction Requirements 7 Technical RequirementsBathrooms in a public area must be accessible with grab bars and maneuvering space.
78Design and Construction Requirements 7 Technical Requirements 4/1/2017Design and Construction Requirements 7 Technical RequirementsDumpster should be accessible.
79Design and Construction Requirements 7 Technical Requirements Usable doorsDoors must be wide enough to enable a person in wheelchair to maneuver through them easily.Public and common use doors, doors leading into an individual dwelling unit, and all doors within the unit are included.Doors must have a minimum clear opening width of 32 inches (measure from face of the door to the stop, with the door open 90 degrees).
80Design and Construction Requirements 7 Technical Requirements 4/1/2017Design and Construction Requirements 7 Technical RequirementsUsable doors (cont.)All types of doors are covered, including hinged doors, sliding doors and folding doors.Doors leading to any outdoor amenities the unit may have, such as a balcony, patio or garage, are covered. If a deck or garage has doorways leading to two or more separate rooms, all these doors must be usable.
81Design and Construction Requirements 7 Technical Requirements 4. Accessible routes into and through the dwelling unit.The threshold of a unit’s exterior doors may not ex-ceed 3/4 inch (this also applies to sliding door tracks).In single-story units, changes in height of 1/4 to 1/2 inch must be beveled. Those greater than 1/2 inch must be ramped or have other means of access.An accessible route inside the unit must have a minimum clear width of 36 inches.Hallways, passages, and corridors must be wide enough to allow room to maneuver a wheelchair throughout the unit.
82Design and Construction Requirements 7 Technical Requirements 5. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locationsControls must be no lower than 15 inches from the floor and no higher than 48 inches.6. Reinforced walls in the bathroomsTo allow later installation of grab bars around the toilet, tub, shower and shower seat.
83Design and Construction Requirements 7 Technical Requirements Kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space.Appliances must be located so they can be used by a person in a wheelchair. A 30 inch by 48 inch clear floor space is required for a parallel or forward approach.
84Design and Construction Requirements 7 Technical Requirements A minimum of 40 inches of clear space is required in kitchens to allow a person in a wheelchair to maneuver between opposing base cabinets, countertops, appliances, or walls.
85Design and Construction Requirements 7 Technical Requirements A U-shaped design requires a minimum of 5 feet in diameter clear space, or removable cabinets at the base of the “U”.OR have removable cabinets under the sink with 40 inches between opposing counters.
86Design and Construction Requirements Usable Kitchens and Bathrooms 4/1/2017Design and Construction Requirements Usable Kitchens and BathroomsEnough clear floor space is required in bathrooms so that a person in a wheelchair can easily enter, close the door, use the facilities and fixtures, and leave.
87Fair Housing Resources Fair Housing Amendments Act of 198842 USC § 3601 et seq.Implementing Regulation:24 CFR Part 14 et al.Section 504 of the Rehabilitation Act of 197329 USC § 79424 CFR Part 8
88Fair Housing Resources (cont.) 4/1/2017Fair Housing Resources (cont.)DOJ/HUD Joint Statement: Reasonable Accommodations Under the FHADOJ/HUD Joint Statement: Reasonable Modifications Under the FHA
89Fair Housing and Related Laws 4/1/2017Fair Housing and Related LawsImpact of Title II of ADA (State and Local Govt)Americans with Disabilities Act of 1990 – newest federal law that prohibits discrimination based on disabilityTitle II covers housing programs, activities and services operated by state or local governments (for example, public housing, student housing operated by state colleges and universities)Ensures integration for people with disabilities
90Fair Housing and Related Laws 4/1/2017Fair Housing and Related LawsImpact of Title II of ADA (State and Local Govt)Lack of physical access is discriminationThese programs must follow UFAS or ADAAG as accessibility standardrequires new construction and alterations to be free of architectural barriers.each part of a facility built or altered after January 26, 1992 must be designed and constructed to be accessible.Requirements for effective communication, reasonable accommodations, program accessibility, self-evaluations and transition plans are similar to HUD 504.
91Fair Housing and Related Laws 4/1/2017Fair Housing and Related LawsImpact of Title III of ADA (Public Accommodations)Public accommodations under Title III must be accessible to people with disabilities – (in housing they would be places that serve the public and not tenants only –sales or rental office, laundry facilities, tennis courts, recreation rooms, day care centers, or pool areas.Buildings constructed for use after January 26, 1993 – must be accessible.
924/1/2017Fair Housing and Related Laws Impact of Title III of ADA (Public Accommodations)Existing buildings and offices must have physical barriers removed.entrance, doors, parking and restrooms accessible.Alterations (include renovations, repair, remodeling) made after Jan 26, 1992 to buildings and offices must be made accessible.lobby, bathrooms, etc.
93Fair Housing and Related Laws 4/1/2017Fair Housing and Related LawsTitle II and III of ADAEnforcement:US Dept of Justice, Disability Rights Section, Civil Rights Division, P O Box 66738, Washington, DCAccessibility standards:Title II covered entities must use UFAS or ADAAGTitle III entities must use ADAAG