Do any accessibility requirements apply to detached single-family homes?
single family homes that are funded in any way by federal,
state, or local funds may be required to be accessible under
laws other than the Fair Housing Act. These laws, particularly
Section 504 of the 1973 Rehabilitation Act and Title II of the
Americans with Disabilities Act, have requirements for
accessibility. For example, detached single family houses funded
through the HOPE VI program operated by the Department of
Housing and Urban Development (HUD), whether for sale or rental,
must comply with HUD's requirements for Section 504. This
includes making at least 5% of the units accessible to persons
with mobility impairments and at least 2% of the units
accessible to persons with vision and hearing impairments. The
applicable standard for compliance is the Uniform
Federal Accessibility Standard or UFAS.
Are the public and common use areas of a newly constructed development that consists entirely of buildings that have no covered dwelling units required to be accessible under the Fair Housing Act?
there are no covered multifamily dwellings on a site, then the
public and common use areas of the site are not required to be
accessible under the Fair Housing Act. Supplement
to Notice of Fair Housing Accessibility Guidelines: Questions
and Answers about the Guidelines, 59 FR 33362-33368, June 28,
1994, question 13.
What properties does Section 504 of the 1973 Rehabilitation Act cover?
504 covers properties if they are constructed, renovated,
operated or purchased by a recipient of federal financial
assistance. If the federal financial assistance comes from HUD
and the project contains five or more units, HUD's regulations
require that at least one unit, or a minimum of 5% of the
dwelling units (whichever is the greater number) constructed or
renovated, must be accessible to people with physical
disabilities and at least one unit or a minimum of 2% of the
units (whichever is the greater number) must be accessible to
people with hearing and vision disabilities. The 5% and 2%
requirements are floors, not ceilings. 24
CFR 8.22 and 8.23.
If Section 504 and the Fair Housing Act apply to the same property, which standard applies?
housing was built for first occupancy after March 13, 1991 and
federal financial assistance is involved, both laws apply and
the accessibility standards under both laws must be used. Preamble
to the Guidelines, 56 FR 9472, 9477 and 9479, March 6, 1991.
Has HUD issued any guidance about Section 504 compliance generally?
HUD has issued several notices about the general requirements of
Section 504 to various types of HUD-funded housing. For public
housing, it is Notice 2002-01, Accessibility Notice; for
Housing, it's Notice H 01-02, extended by Notice H 02-03; for
housing funded through the CDBG program, like HOME, it's Notice
00-09, extended by Notice 02-03. These notices are available on www.hudclips.org.
HUD also has a website that deals with disability rights in HUD
programs at www.hud.gov/offices/fheo/disabilities/sect504.cfm.
What are the federal access requirements for rental offices?
Are rental offices required to be accessible under the Fair
Under Section 504, what is the accessibility standard?
access standard for units covered by Section 504 is the Uniform
Federal Accessibility Standards or UFAS. Changes to this
standard and issuance of a new standard are currently under