Do the Fair Housing Act's design and construction requirements apply to detached single-family homes?
the Fair Housing Act's design and construction requirements only
apply to covered multifamily dwellings--buildings that have four
or more units. In buildings that have an elevator, all of the
units are covered. If the building does not have an elevator,
all of the ground floor units are covered. This includes
single-family homes when there are four or more in the building
(for example, condominiums). However, detached single-family
houses are not covered by the Fair Housing Act's design and
construction requirements. Although the Fair Housing Act's
design and construction requirements may not apply to detached
single-family homes, the Fair Housing Act's other provisions,
such as nondiscrimination in sales, rental, or financing
practices, do apply.
Do the Fair Housing Act's design and construction requirements cover condominiums?
The Fair Housing Act's design and construction requirements
cover condominiums in covered multifamily dwellings; the design
and construction requirements make no distinctions based on
What kind of housing is covered by the Fair Housing Act's access requirements?
all types of housing with four or more units in one building
that have been designed and constructed since March 13, 1991 are
covered. This includes condominiums, apartment buildings,
vacation or other time share units, assisted living projects,
public housing authorities, HOPE VI projects, projects funded
with HOME or other federal funds, transitional housing, and SROs
(single room occupancy units) designed for more than overnight
stays, dormitory rooms, homeless shelters used as a residence,
cooperatives, hospices, and more.
Does a condominium unit that is pre-sold and custom designed during construction for a particular purchaser have to comply with the access requirements in the Fair Housing Act?
The fact that a condominium unit is sold before the completion
of construction does not exempt a developer from compliance with
the access requirements. The access requirements are mandatory
regardless of the ownership status of the individual unit. Preamble
to the Guidelines, 56 FR 9472, 9481 (March 6, 1991), Supplement
to Notice of Fair Housing Accessibility Guidelines: Questions
and Answers about the Guidelines, 59 FR 33362-33368, June 28,
1994, question 3(b).