FAQ Accessibility First - HUD

Frequently Asked Questions (FAQ)

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Find all frequently asked questions (FAQs) related to the Fair Housing Accessibility FIRST initiative listed on this page. Click on a question to reveal the answer. For text searches on the page, use CNTRL + F (Windows) or CMD + F (Mac).

What are the Fair Housing Act's requirements for housing to be accessible?

The Fair Housing Act mandates that all "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991, be accessible and usable by individuals with disabilities. These covered multifamily dwellings include all units within buildings that have four or more units with at least one elevator, as well as all ground-floor units in buildings with four or more units, irrespective of elevator presence. Federal regulations, as outlined by the Department of Housing and Urban Development (HUD) under 24 CFR 100.201, provide the definition for these covered multifamily dwellings.

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Where can I find the accessibility standards for dwelling units required to be accessible under the Fair Housing Act's design and construction requirements?

To comply with the access requirements of the Fair Housing Act, seven basic requirements must be met:

Requirement 1. An accessible building entrance on an accessible route.

Requirement 2. Accessible common and public use areas.

Requirement 3. Usable doors (usable by a person in a wheelchair).

Requirement 4. Accessible route into and through the dwelling unit.

Requirement 5. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

Requirement 6. Reinforced walls in bathrooms for later installation of grab bars.

Requirement 7. Usable kitchens and bathrooms.

The Fair Housing Act, as amended (42 U.S.C 3604(f)(3)(C)), specifies these requirements. HUD’s guidance includes the Fair Housing Accessibility Guidelines published on March 6, 1991, and a Supplemental Notice: Questions and Answers About the Guidelines published on June 28, 1994, identifying 15 safe harbors for compliance.

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Why are there so many new townhouse developments that have more than one level and that aren't accessible? Doesn't the Fair Housing Act's design and construction requirements prohibit them?

The Fair Housing Act's design and construction requirements do not cover multistory townhouses—units with two or more stories—unless the building has an elevator. This is discussed in the preamble to the Guidelines under "Section 2-Definitions [Covered Multifamily Dwellings]," at 56 FR 9472, 9481, March 6, 1991. The Fair Housing Act Design Manual, Appendix B, contains a copy.

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Does the Fair Housing Act require any minimum number of accessible dwelling units?

No, the Fair Housing Act does not specify a minimum number of accessible dwelling units. If a building with four or more units doesn’t have an elevator, all ground floor units must be accessible. If the building has an elevator, all units must be accessible. Other codes, federal, state, or local, may impose specific requirements for the number of accessible units.

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Do the Fair Housing Act's design and construction requirements require fully accessible units?

No, fully accessible units are not mandatory under the Fair Housing Act. The Act’s design and construction requirements are intended to enable modifications if needed by people with disabilities, covering broad accessibility without making units look different from traditional units.

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Under the Fair Housing Act's design and construction requirements, how many resident parking spaces must be made accessible at the time of construction?

A minimum of 2% of the parking spaces serving covered dwelling units must be accessible and situated on an accessible route. If various types of parking are available, such as surface, garage, or covered parking, sufficient quantities of each must be accessible. This is specified in the Fair Housing Act Design Manual, page 2.23.

If buyers or renters request accessible spaces during the first sale or rental, additional spaces may be required if the initial 2% is already allocated. Additional accessible parking may also be needed as a reasonable accommodation for individuals with disabilities after construction completion.

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Do the Fair Housing Act's design and construction requirements apply to alteration or renovation of properties?

No, the design and construction requirements only apply to new construction of buildings for first occupancy post-March 13, 1991. Alterations, rehabilitation, or other renovations of multifamily dwellings are not covered; however, buildings initially constructed to comply with the law cannot be modified to become non-compliant. Additions involving four or more units must meet these requirements.

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Do the Fair Housing Act's design and construction requirements apply to detached single-family homes?

No, the requirements apply only to covered multifamily dwellings—buildings with four or more units. In buildings with elevators, all units are covered. For buildings without elevators, all ground floor units are covered. Detached single-family houses are not included under these requirements, although other Fair Housing Act provisions, like nondiscrimination in sales or financing, do apply.

Other laws may impose accessibility requirements on detached single-family homes.

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Do any accessibility requirements apply to detached single-family homes?

Detached single-family homes financed by federal, state, or local funds may need to comply with accessibility requirements under laws like Section 504 of the 1973 Rehabilitation Act or Title II of the ADA. For instance, homes funded through the HOPE VI program must meet HUD's Section 504 requirements, including making 5% of units accessible to individuals with mobility impairments and 2% accessible to those with vision or hearing impairments. Compliance follows the Uniform Federal Accessibility Standard (UFAS).

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Do the Fair Housing Act's design and construction requirements cover condominiums?

Yes, condominiums in covered multifamily dwellings are subject to the Fair Housing Act’s design and construction requirements.

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How do the Fair Housing Act's design and construction requirements affect existing State and local building codes?

Existing state and local building codes that provide greater accessibility remain in effect, while those requiring less accessibility have to follow the Fair Housing Act standards.

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If builders, architects, developers, or others believe that a property with which they were involved is covered by the Fair Housing Act's design and construction requirements but does not comply with them, what can they do?

They should consult a Fair Housing Act expert for a compliance plan or consider hiring a specialized attorney. The HUD.gov website, particularly the Fair Housing Accessibility FIRST section, offers detailed compliance standards.

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If someone thinks they have been discriminated against because housing built since March 13, 1991 does not meet the Fair Housing Act's accessibility requirements, what should they do?

They may contact the United States Department of Housing and Urban Development (HUD) to file an administrative complaint. The complaint will then be investigated by HUD or an equivalent state or local agency. Private fair housing groups or attorneys can also provide assistance.

File an administrative complaint with HUD here: https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint

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The Fair Housing Act was amended to cover people with disabilities in 1988, but its accessibility requirements only apply to housing built after 1991. Why?

Before the 1988 amendment, no federal law required private housing to be accessible unless funded federally. The Fair Housing Act thus marked a significant shift. Congress delayed the access provisions' effective date to give developers, builders, and architects time to integrate new access standards into their designs.

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What is the effective date of the Fair Housing Act's design and construction requirements and why is it a different date from the date the rest of the changes adopted by Congress in 1988 went into effect?

The Fair Housing Act's design and construction requirements concern housing intended for first occupancy after March 13, 1991. These requirements apply to properties occupied after that date or where the last building permit was issued after June 15, 1990. Other requirements, such as prohibiting discrimination based on disability, took effect on March 12, 1989.

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The Fair Housing Act applies to covered multifamily dwellings built for first occupancy after March 13, 1991. What is acceptable evidence of "first occupancy"?

First occupancy determination is made on a building-by-building basis. The Fair Housing Act regulations state that "covered multifamily dwellings shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991 (and therefore not covered by the Act's accessibility requirements) if they are occupied by that date or if the last building permit or renewal was issued on or before June 15, 1990." For reference, see the Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, published June 28, 1994.

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Does HUD review plans for compliance with the design and construction requirements of the Fair Housing Act?

No, HUD does not review or certify plans for compliance. Compliance responsibility rests with the designers and constructors as per 42 U.S.C. 3604(f)(5)(D). HUD does, however, offer training and technical aid, particularly through the Fair Housing Accessibility FIRST project.

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If someone is successfully sued under the Fair Housing Act, will a court order the building to be torn down and rebuilt?

No federal court or law enforcement agency has mandated a non-compliant building’s demolition and reconstruction. Instead, remedies typically include extensive retrofitting, adding accessible units elsewhere, financing modifications, or other creative solutions, ensuring accessibility and adequate provision of accessible units.

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Who can be sued for violations of the design and construction requirements of the Fair Housing Act?

The following individuals or entities may be liable:

1. Any individual or entity involved in the building’s design and construction may be held accountable for violations.
2. Subsequent owners altering the building to become non-compliant.
3. Subsequent buyers may be sued when their authority is needed for remediation.

Individual unit owners not involved in construction or development aren’t typically included in HUD complaints.

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Are there other accessibility issues that are not addressed by the design and construction requirements that can still be challenged as violating other provisions of the Fair Housing Act?

Yes, other accessibility-related matters not covered by the design and construction requirements can still be contested under different Fair Housing Act provisions. While some features might not be mandated, they can be requested as reasonable accommodations or structural modifications to meet accessibility needs.

For example, an applicant might need grab bars installed, which isn’t required by the design guidelines but may be necessary as a reasonable structural modification or in compliance with federal laws on federally funded properties.

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What kind of housing is covered by the Fair Housing Act's access requirements?

Almost all types of housing with four or more units, including condominiums, apartment buildings, time-share units, assisted living facilities, public housing, and more. This includes properties like dormitories, SROs, homeless shelters, and hospices when designed for more than overnight stays.

If the building has at least one elevator, all units must meet these requirements. Without an elevator, all ground-floor units must comply.

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How do the Fair Housing Act's accessibility requirements apply when historic preservation codes are involved?

Converted buildings aren't subject to the Act’s requirements if not newly constructed after March 13, 1991. New constructions in historic areas must still meet the Act’s standards. Federal requirements must be met even if they conflict with historic preservation codes.

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Does the separation of units with breezeways affect whether a building has four or more dwelling units under the Act's design and construction requirements?

No, when units are connected by a covered walkway or stairs structurally tied to the main building, they are considered a single building. Ground floor units in these buildings are subject to the requirements if no elevator is present.

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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?

If there are no covered multifamily dwellings on a site, the public and common use areas aren’t required to be accessible under the Fair Housing Act. However, the Americans with Disabilities Act (ADA) may apply, particularly if the areas serve the public or are operated by public entities or federally funded entities.

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Are multistory townhouses that contain individual elevators considered to be covered multifamily dwelling units subject to the Fair Housing Act's design and construction requirements?

Yes, multistory townhouses with private elevators in buildings with four or more units must comply with the Act’s requirements.

Standalone multistory units within such buildings are exempt unless they include an elevator. The Guidelines and the Fair Housing Act's preamble detail these interpretations.

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If a freight elevator in a building with covered dwellings is the only elevator provided, is the building covered by the design and construction requirements?

Yes, the presence of a freight elevator, even in the absence of a passenger elevator, renders the building as an elevator building requiring compliance with the accessibility requirements.

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Can an elevator in a building serve just some units?

Installation of an elevator in a building that serves only some units classifies the building as an elevator building, necessitating all units’ compliance.

An exception occurs when elevators are a means to an accessible route for ground floor units only, in which case only these units need to comply with the guidelines.

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Are carriage house type units, where a dwelling unit is constructed over a garage, covered by the Fair Housing Act design and construction requirements?

If the unit is over its dedicated garage footprint, it’s treated as a multistory unit and is not covered. However, units built over a common garage are covered and must be accessible.

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What properties does Section 504 of the 1973 Rehabilitation Act cover?

Section 504 applies to properties constructed, renovated, operated, or purchased by federal financial assistance recipients. HUD mandates that at least one unit or a minimum of 5% of the project’s units (whichever number is greater) be accessible to physically disabled individuals, and 2% or at least one unit to be accessible to those with hearing or vision disabilities.

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If Section 504 and the Fair Housing Act apply to the same property, which standard applies?

Both laws apply with their respective accessibility standards when applicable. HUD’s guidelines emphasize using both sets of regulations.

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If the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Fair Housing Act requirements both apply to the same property, which standard should be used?

Both standards should be utilized together. Mixed-use facilities like hotels offering both long and short-term stays must comply with both ADA and Fair Housing Act standards for respective areas.

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What are the federal access requirements for rental offices?

(a) Rental offices serving Fair Housing Act-covered buildings must comply with accessibility requirements as they are public and common use areas.
(b) Rental offices not covered by the Act’s design requirements (e.g., buildings