Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers About the Guidelines

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal

Opportunity

24 CFR Chapter I

[Docket No. N-94-2011; FR-2665-N-09]

Supplement to Notice of Fair Housing Accessibility Guidelines:

Questions and Answers About the Guidelines

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Supplement to notice of fair housing accessibility guidelines.

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SUMMARY: On March 6, 1991, the Department published final Fair Housing

Accessibility Guidelines (Guidelines) to provide builders and

developers with technical guidance on how to comply with the

accessibility requirements of the Fair Housing Amendments Act of 1988

(Fair Housing Act) that are applicable to certain multifamily dwellings

designed and constructed for first occupancy after March 13, 1991.

Since publication of the Guidelines, the Department has received many

questions regarding the applicability of the technical specifications

set forth in the Guidelines to certain types of new multifamily

dwellings and certain types of units within covered multifamily

dwellings. The Department also has received several questions

concerning the types of new multifamily dwellings that are subject to

the design and construction requirements of the Fair Housing Act.

This document reproduces the questions that have been most

frequently asked by members of the public, and the Department's answers

to these questions. The Department believes that the issues addressed

by these questions and answers may be of interest and assistance to

other members of the public who must comply with the design and

construction requirements of the Fair Housing Act.

EFFECTIVE DATE: June 28, 1994.

FOR FURTHER INFORMATION CONTACT: Judith Keeler, Director, Office of

Program Compliance and Disability Rights. For technical questions

regarding this notice, contact Office of Fair Housing and Equal

Opportunity, room 5112, Department of Housing and Urban Development,

451 Seventh Street, Washington, DC 20410, telephone 202-708-2618

(voice), 202-708-1734 TTY; for copies of this notice contact the Fair

Housing Information Clearinghouse at 1-800-795-7915 (this is a toll-

free number), or 1-800-483-2209 (this is a toll-free TTY number).

SUPPLEMENTARY INFORMATION:

Background

The Fair Housing Amendments Act of 1988 (Pub.L. 100-430, approved

September 13, 1988) (the Fair Housing Amendments Act) amended title

VIII of the Civil Rights Act of 1968 (Fair Housing Act or Act) to add

prohibitions against discrimination in housing on the basis of

disability and familial status. The Fair Housing Amendments Act also

made it unlawful to design and construct certain multifamily dwellings

for first occupancy after March 13, 1991, in a manner that makes them

inaccessible to persons with disabilities, and established design and

construction requirements to make these dwellings readily accessible to

and usable by persons with disabilities.1 Section 100.205 of the

Department's regulations at 24 CFR part 100 implements the Fair Housing

Act's design and construction requirements (also referred to as

accessibility requirements).

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\1\Although this notice uses the terms ``disability'' and

``disabilities,'' the terms used in the Fair Housing Amendments Act

are ``handicap'' and ``handicaps.''

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On March 6, 1991 (56 FR 9472), the Department published final Fair

Housing Accessibility Guidelines (Guidelines) to provide builders and

developers with technical guidance on how to comply with the

accessibility requirements of the Fair Housing Act. (The Guidelines are

codified at 24 CFR Ch.I, Subch.A., App. II. The preamble to the

Guidelines is codified at 24 CFR Ch.I, Subch.A., App.III.) The

Guidelines are organized to follow the sequence of requirements as they

are presented in the Fair Housing Act and in 24 CFR 100.205. The

Guidelines provide technical guidance on the following seven

requirements:

Requirement 1. 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 for grab bars.

Requirement 7. Usable kitchens and bathrooms.

The design specifications presented in the Guidelines are

recommended guidelines only. Builders and developers may choose to

depart from these guidelines and seek alternate ways to demonstrate

that they have met the requirements of the Fair Housing Act. The Fair

Housing Act and the Department's implementing regulation provides, for

example, for use of the appropriate requirements of the ANSI A117.1

standard. However, adherence to the Guidelines does constitute a safe

harbor in the Department's administrative enforcement process for

compliance with the Fair Housing Act's design and construction

requirements.

Since publication of the Guidelines, the Department has received

many questions regarding applicability of the design specifications set

forth in the Guidelines to certain types of new multifamily dwellings

and to certain types of interior housing designs. The Department also

has received several questions concerning the types of new multifamily

dwellings that are subject to compliance with the design and

construction requirements of the Fair Housing Act. Given the wide

variety in the types of multifamily dwellings and the types of dwelling

units, and the continual introduction into the housing market of new

building and interior designs, it was not possible for the Department

to prepare accessibility guidelines that would address every housing

type or housing design. Although the Guidelines cannot address every

housing design, it is the Department's intention to assist the public

in complying with the design and construction requirements of the Fair

Housing Act through workshops and seminars, telephone assistance,

written replies to written inquiries, and through the publication of

documents such as this one. The Department has contracted for the

preparation of a design manual that will further explain and illustrate

the Fair Housing Act Accessibility Guidelines.

The questions and answers set forth in this notice address the

issues most frequently raised by the public with respect to types of

multifamily dwellings subject to the design and construction

requirements of the Fair Housing Act, and the technical specifications

contained in the Guidelines.

The question and answer format is divided into two sections.

Section 1, entitled ``Dwellings Subject to the New Construction

Requirements of the Fair Housing Act'' addresses the issues raised in

connection with the types of multifamily dwellings (including portions

of such dwellings) constructed for first occupancy after March 13,

1991, that must comply with the Act's design and construction

requirements. Section 2, entitled ``Accessibility Guidelines,''

addresses the issues raised in connection with the design and

construction specifications set forth in the Guidelines.

Dated: March 23, 1994.

Roberta Achtenberg,

Assistant Secretary for Fair Housing and Equal Opportunity.

Accordingly, the Department adds the ``Questions and Answers about

the Fair Housing Accessibility Guidelines'' as Appendix IV to 24 CFR

Chapter I, Subchapter A to read as follows:

Appendix IV to Subchapter A--Questions and Answers About the Fair

Housing Accessibility Guidelines

Introduction

On March 6, 1991 (56 FR 9472), the Department published final Fair

Housing Accessibility Guidelines (Guidelines). (The Guidelines are

codified at 24 CFR Ch. I, Subch. A, App. II.) The Guidelines provide

builders and developers with technical guidance on how to comply with

the accessibility requirements of the Fair Housing Amendments Act of

1988 (Fair Housing Act) that are applicable to certain multifamily

dwellings designed and constructed for first occupancy after March 13,

1991. Since publication of the Guidelines, the Department has received

many questions regarding the applicability of the technical

specifications set forth in the Guidelines to certain types of new

multifamily dwellings and certain types of units within covered

multifamily dwellings. The Department also has received several

questions concerning the types of new multifamily dwellings that are

subject to the design and construction requirements of the Fair Housing

Act.

The questions and answers contained in this document address some

of the issues most frequently raised by the public with respect to the

types of multifamily dwellings subject to the design and construction

requirements of the Fair Housing Act, and the technical specifications

contained in the Guidelines.

The issues addressed in this document are addressed only with

respect to the application of the Fair Housing Act and the Guidelines

to dwellings which are ``covered multifamily dwellings'' under the Fair

Housing Act. Certain of these dwellings, as well as certain public and

common use areas of such dwellings, may also be covered by various

other laws, such as section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794); the Architectural Barriers Act of 1968 (42 U.S.C. 4151

through 4157); and the Americans with Disabilities Act of 1990 (42

U.S.C. 12101 through 12213).

Section 504 applies to programs and activities receiving federal

financial assistance. The Department's regulations for section 504 are

found at 24 CFR part 8.

The Architectural Barriers Act applies to certain buildings

financed in whole or in part with federal funds. The Department's

regulations for the Architectural Barriers Act are found at 24 CFR

parts 40 and 41.

The Americans with Disabilities Act (ADA) is a broad civil rights

law guaranteeing equal opportunity for individuals with disabilities in

employment, public accommodations, transportation, State and local

government services, and telecommunications. The Department of Justice

is the lead federal agency for implementation of the ADA and should be

contacted for copies of relevant ADA regulations.

The Department has received a number of questions regarding

applicability of the ADA to residential housing, particularly with

respect to title III of the ADA, which addresses accessibility

requirements for public accommodations. The Department has been asked,

in particular, if public and common use areas of residential housing

are covered by title III of the ADA. Strictly residential facilities

are not considered places of public accommodation and therefore would

not be subject to title III of the ADA, nor would amenities provided

for the exclusive use of residents and their guests. However, common

areas that function as one of the ADA's twelve categories of places of

public accommodation within residential facilities are considered

places of public accommodation if they are open to persons other than

residents and their guests. Rental offices and sales office for

residential housing, for example, are by their nature open to the

public, and are places of public accommodation and must comply with the

ADA requirements in addition to all applicable requirements of the Fair

Housing Act.

As stated above, the remainder of this notice addresses issues most

frequently raised by the public with respect to the types of

multifamily dwellings subject to the design and construction

requirements of the Fair Housing Act, and the technical specifications

contained in the Guidelines.

Section 1: Dwellings Subject to the New Construction Requirements of

the Fair Housing Act

The issues addressed in this section concern the types of

multifamily dwellings (or portions of such dwellings) designed and

constructed for first occupancy after March 13, 1991 that must comply

with the design and construction requirements of the Fair Housing Act.

1. Townhouses

(a) Q. Are townhouses in non-elevator buildings which have

individual exterior entrances required to be accessible?

A. Yes, if they are single-story townhouses. If they are multistory

townhouses, accessibility is not required. (See the discussion of

townhouses in the preamble to the Guidelines under ``Section 2--

Definitions [Covered Multifamily Dwellings]'' at 56 FR 9481, March 6,

1991, or 24 CFR Ch. I, Subch. A, App. III.)

(b) Q. Does the Fair Housing Act cover four one-story dwelling

units that share common walls and have individual entrances?

A. Yes. The Fair Housing Act applies to all units in buildings

consisting of four or more dwelling units if such buildings have one or

more elevators; and ground floor dwelling units in other buildings

consisting of four or more dwelling units. This would include one-story

homes, sometimes called ``single-story townhouses,'' ``villas,'' or

``patio apartments,'' regardless of ownership, even though such homes

may not be considered multifamily dwellings under various building

codes.

(c) Q. What if the single-story dwelling units are separated by

firewalls?

A. The Fair Housing Act would still apply. The Guidelines define

covered multifamily dwellings to include buildings having four or more

units within a single structure separated by firewalls.

2. Commercial Space

Q. If a building includes three residential dwelling units and one

or more commercial spaces, is the building a ``covered multifamily

dwelling'' under the Fair Housing Act?

A. No. Covered multifamily dwellings are buildings consisting of

four or more dwelling units, if such buildings have one or more

elevators; and ground floor dwelling units in other buildings

consisting of four or more dwelling units. Commercial space does not

meet the definition of ``dwelling unit.'' Note, however, that title III

of the ADA applies to public accommodations and commercial facilities,

therefore an independent determination should be made regarding

applicability of the ADA to the commercial space in such a building.

(See the introduction to these questions and answers, which provides

some background on the ADA.)

3. Condominiums

(a) Q. Are condominiums covered by the Fair Housing Act?

A. Yes. Condominiums in covered multifamily dwellings are covered

by the Fair Housing Act. The Fair Housing Act makes no distinctions

based on ownership.

(b) Q. If a condominium is pre-sold as a shell and the interior is

designed and constructed by the buyer, are the Guidelines applicable?

A. Yes. The Fair Housing Act applies to design and construction of

covered multifamily dwellings, regardless of whether the person doing

the design and construction is an architect, builder, or private

individual. (See discussion of condominiums in the preamble to

Guidelines under ``Section 2--Definitions [Dwelling Units]'' at 56 FR

9481, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)

4. Additions

(a) Q. If an owner adds four or more dwelling units to an existing

building, are those units covered by the Fair Housing Act?

A. Yes, provided that the units constitute a new addition to the

building and not substantial rehabilitation of existing units.

(b) Q. What if new public and common use spaces are also being

added?

A. If new public and common use areas or buildings are also added,

they are required to be accessible.

(c) Q. If the only new construction is an addition consisting of

four or more dwelling units, would the existing public and common use

spaces have to be made accessible?

A. No, existing public and common use areas would not have to be

made accessible. The Fair Housing Act applies to new construction of

covered multifamily dwellings. (See section 804(f)(3)(C)(i) of the

Act.) Existing public and common use facilities are not newly

constructed portions of covered multifamily dwellings. However,

reasonable modifications to the existing public and common use areas to

provide access would have to be allowed, and the Americans with

Disabilities Act (ADA) may apply to certain public and common use

areas. An independent determination should be made regarding

applicability of the ADA. (See the introduction to these questions and

answers, which provides some background on the ADA.)

5. Units Over Parking

(a) Q. Plans for a three-story building consist of a common parking

area with assigned stalls on grade as the first story, and two stories

of single-story dwelling units stacked over the parking. All of the

stories above the parking level are to be accessed by stairways. There

are no elevators planned to be in the building. Would the first story

of single-story dwelling units over the parking level be required to be

accessible?

A. Yes. The Guidelines adopt and amplify the definition of ``ground

floor'' found in HUD's regulation implementing the Fair Housing Act

(see 24 CFR 100.201) to indicate that ``* * * where the first floor

containing dwelling units is above grade, all units on that floor must

be served by a building entrance on an accessible route. This floor

will be considered to be a ground floor.'' (See definition of ``ground

floor'' in the Guidelines at 24 CFR Ch. I, Subch. A, App. II, Section

2.) Where no dwelling units in a covered multifamily dwelling are

located on grade, the first floor with dwelling units will be

considered to be a ground floor, and must be served by a building

entrance on an accessible route. However, the definition of ``ground

floor'' does not require that there be more than one ground floor.

(b) Q. If a building design contains a mix of single-story flats on

grade and single-story flats located above grade over a public parking

area, do the flats over the parking area have to be accessible?

A. No. In the example in the above question, because some single-

story flats are situated on grade, these flats would be the ground

floor dwelling units and would be required to be accessible. The

definition of ground floor in the Guidelines states, in part, that

``ground floor means a floor of a building with a building entrance on

an accessible route. A building may have one or more ground floors * *

*.'' Thus, the definition includes situations where the design plan is

such that more than one floor of a building may be accessed by means of

an accessible route (for an example, see Question 6, which follows).

There is no requirement in the Department's regulations implementing

the Fair Housing Act that there be more than one ground floor.

6. More Than One Ground Floor

Q. If a two or three story building is to be constructed on a

slope, such that the lowest story can be accessed on grade on one side

of the building and the second story can be accessed on grade on the

other side of the building, do the dwelling units on both the first and

second stories have to be made accessible?

A. Yes. By defining ``ground floor'' to be any floor of a building

with an accessible entrance on an accessible route, the Fair Housing

Act regulations recognize that certain buildings, based on the site and

the design plan, have more than one story which can be accessed at or

near grade. In such cases, if more than one story can be designed to

have an accessible entrance on an accessible route, then all such

stories should be so designed. Each story becomes a ground floor and

the dwelling units on that story must meet the accessibility

requirements of the Act. (See the discussion on this issue in Question

12 of this document.)

7. Continuing Care Facilities

Q. Do the new construction requirements of the Fair Housing Act

apply to continuing care facilities which incorporate housing, health

care and other types of services?

A. The new construction requirements of the Fair Housing Act would

apply to continuing care facilities if the facility includes at least

one building with four or more dwelling units. Whether a facility is a

``dwelling'' under the Act depends on whether the facility is to be

used as a residence for more than a brief period of time. As a result,

the operation of each continuing care facility must be examined on a

case-by-case basis to determine whether it contains dwellings. Factors

that the Department will consider in making such an examination

include, but are not limited to: (1) the length of time persons stay in

the project; (2) whether policies are in effect at the project that are

designed and intended to encourage or discourage occupants from forming

an expectation and intent to continue to occupy space at the project;

and (3) the nature of the services provided by or at the project.

8. Evidence of First Occupancy

Q. The Fair Housing Act applies to covered multifamily dwellings

built for first occupancy after March 13, 1991. What is acceptable

evidence of ``first occupancy''?

A. The determination of first occupancy is made on a building by

building basis. The Fair Housing Act regulations provide that ``covered

multifamily dwellings shall be deemed to be designed and constructed

for first occupancy on or before March 13, 1991 (and therefore exempt

from the Act's accessibility requirements) if they are occupied by that

date or if the last building permit or renewal thereof for the covered

multifamily dwellings is issued by a State, county or local government

on or before June 15, 1990.''

For buildings that did not obtain the final building permit on or

before June 15, 1990, proof of the date of first occupancy consists of

(1) a certificate of occupancy, and (2) a showing that at least one

dwelling unit in the building actually was occupied by March 13, 1991.

For example, a tenant has signed a lease and has taken possession of a

unit. The tenant need not have moved into the unit, but the tenant must

have taken possession so that, if desired, he or she could have moved

into the building by March 13, 1991. For dwelling units that were for

sale, this means that the new owner had completed settlement and taken

possession of the dwelling unit by March 13, 1991. Once again, the new

owner need not have moved in, but the owner must have been in

possession of the unit and able to move in, if desired, on or before

March 13, 1991. A certificate of occupancy alone would not be an

acceptable means of establishing first occupancy, and units offered for

sale, but not sold, would not meet the test for first occupancy.

9. Converted Buildings

Q. If a building was used previously for a nonresidential purpose,

such as a warehouse, office building, or school, and is being converted

to a multifamily dwelling, must the building meet the requirements of

the Fair Housing Act?

A. No, the Fair Housing Act applies to ``covered multifamily

dwellings for first occupancy after'' March 13, 1991, and the Fair

Housing Act regulation defines ``first occupancy'' as ``a building that

has never before been used for any purpose.'' (See 24 CFR 100.201, for

the definition of ``first occupancy,'' and also 24 CFR Ch. I, Subch. A,

App. I.)

Section 2: Accessibility Guidelines

The issues addressed in this section concern the technical

specifications set forth in the Fair Housing Accessibility Guidelines.

Requirement 1--Accessible Entrance on an Accessible Route

10. Accessible Routes to Garages

(a) Q. Is it necessary to have an accessible path of travel from a

subterranean garage to single-story covered multifamily dwellings built

on top of the garage?

A. Yes. The Fair Housing Act requires that there be an accessible

building entrance on an accessible route. To satisfy Requirement 1 of

the Guidelines, there would have to be an accessible route leading to

grade level entrances serving the single-story dwelling units from a

public street or sidewalk or other pedestrian arrival point. The below

grade parking garage is a public and common use facility. Therefore,

there must also be an accessible route from this parking area to the

covered dwelling units. This may be provided either by a properly

sloped ramp leading from the below grade parking to grade level, or by

means of an elevator from the parking garage to the dwelling units.

(b) Q. Does the route leading from inside a private attached garage

to the dwelling unit have to be accessible?

A. No. Under Requirement 1 of the Guidelines, there must be an

accessible entrance to the dwelling unit on an accessible route.

However, this route and entrance need not originate inside the garage.

Most units with attached garages have a separate main entry, and this

would be the entrance required to be accessible. Thus, if there were

one or two steps inside the garage leading into the unit, there would

be no requirement to put a ramp in place of the steps. However, the

door connecting the garage and dwelling unit would have to meet the

requirements for usable doors.

11. Site Impracticality Tests

(a) Q. Under the individual building test, how is the second step

of the test performed, which involves measuring the slope of the

finished grade between the entrance and applicable arrival points?

A. The slope is measured at ground level from the entrance to the

top of the pavement of all vehicular and pedestrian arrival points

within 50 feet of the planned entrance, or, if there are none within 50

feet, the vehicular or pedestrian arrival point closest to the planned

entrance.

(b) Q. Under the individual building test, at what point of the

planned entrance is the measurement taken?

A. On a horizontal plane, the center of each individual doorway

should be the point of measurement when measuring to an arrival point,

whether the doorway is an entrance door to the building or an entrance

door to a unit.

(c) Q. The site analysis test calls for a calculation of the

percentage of the buildable areas having slopes of less than 10

percent. What is the definition of ``buildable areas''?

A. The ``buildable area'' is any area of the lot or site where a

building can be located in compliance with applicable codes and zoning

regulations.

12. Second Ground Floors

(a) Q. The Department's regulation for the Fair Housing Act

provides that there can be more than one ground floor in a covered

multifamily dwelling (such as a three-story building built on a slope

with three stories at and above grade in front and two stories at grade

in back). How is the individual building test performed for additional

stories, to determine if those stories must also be treated as ``ground

floors''?

A. For purposes of determining whether a non-elevator building has

more than one ground floor, the point of measurement for additional

ground floors, after the first ground floor has been established, is at

the center of the entrance (building entrance for buildings with one or

more common entrance and each dwelling unit entrance for buildings with

separate ground floor unit entrances) at floor level for that story.

(b) Q. What happens if a builder deliberately manipulates the grade

so that a second story, which also might have been treated as a ground

floor, requires steps?

A. Deliberate manipulation of the height of the finished floor

level to avoid the requirements of the Fair Housing Act would serve as

a basis for the Department to determine that there is reasonable cause

to believe that a discriminatory housing practice has occurred.

Requirement 2--Public and Common Use Areas

13. No Covered Dwellings

Q. Are the public and common use areas of a newly constructed

development that consists entirely of buildings having four or more

multistory townhouses, with no elevators, required to be accessible?

A. No. The Fair Housing Act applies only to new construction of

covered multifamily dwellings. Multistory townhouses, provided that

they meet the definition of ``multistory'' in the Guidelines, are not

covered multifamily dwellings if the building does not have an

elevator. (See discussion of townhouses in the preamble to the

Guidelines under ``Section 2--Definitions [Covered Multifamily

Dwellings]'' at 56 FR 9481, March 6, 1991, or 24 CFR Ch. I, Subch. A,

App. III.) If 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. However, the Americans with Disabilities Act (ADA) may

apply to certain public and common use areas. Again, an independent

determination should be made regarding applicability of the ADA. (See

the introduction to these questions and answers, which provides some

background on the ADA.)

14. Parking Spaces and Garages

(a) Q. How many resident parking spaces must be made accessible at

the time of construction?

A. The Guidelines provide that a minimum of two percent of the

parking spaces serving covered dwelling units be made accessible and

located on an accessible route to wheelchair users. Also, if a resident

requests an accessible space, additional accessible parking spaces

would be necessary if the two percent are already reserved.

(b) Q. If both open and covered parking spaces are provided, how

many of each type must be accessible?

A. The Guidelines require that accessible parking be provided for

residents with disabilities on the same terms and with the full range

of choices, e.g., surface parking or garage, that are provided for

other residents of the project. Thus, if a project provides different

types of parking such as surface parking, garage, or covered spaces,

some of each must be made accessible. While the total parking spaces

required to be accessible is only two percent, at least one space for

each type of parking should be made accessible even if this number

exceeds two percent.

(c) Q. If a project having covered multifamily dwellings provides

parking garages where there are several individual garages grouped

together either in a separate area of the building (such as at one end

of the building, or in a detached building), for assignment or rental

to residents, are there any requirements for the inside dimensions of

these individual parking garages?

A. Yes. These garages would be public and common use space, even

though the individual garages may be assigned to a particular dwelling

unit. Therefore, at least two percent of the garages should be at least

14' 2'' wide and the vehicular door should be at least 10'-0'' wide.

(d) Q. If a covered multifamily dwelling has a below grade common

use parking garage, is there a requirement for a vertical clearance to

allow vans to park?

A. This issue was addressed in the preamble to the Guidelines, but

continues to be a frequently asked question. (See the preamble to the

Guidelines under the discussion of ``Section 5--Guidelines for

Requirement 2'' at 56 FR 9486, March 6, 1991, or 24 CFR Ch. I, Subch.

A, App. III.) In response to comments from the public that the

Guidelines for parking specify minimum vertical clearance for garage

parking, the Department responded:

No national accessibility standards, including UFAS, require

particular vertical clearances in parking garages. The Department

did not consider it appropriate to exceed commonly accepted

standards by including a minimum vertical clearance in the Fair

Housing Accessibility Guidelines, in view of the minimal

accessibility requirements of the Fair Housing Act.

Since the Guidelines refer to ANSI A117.1 1986 for the standards to

follow for public and common use areas, and since the ANSI does not

include a vertical clearance for garage parking, the Guidelines

likewise do not. (Note: UFAS is the Uniform Federal Accessibility

Standard.)

15. Public Telephones

Q. If a covered multifamily dwelling has public telephones in the

lobby, what are the requirements for accessibility for these

telephones?

A. The requirements governing public telephones are found in Item

#14, ``Common use spaces and facilities,'' in the chart under

Requirement 2 of the Guidelines. While the chart does not address the

quantity of accessible public telephones, at a minimum, at least one

accessible telephone per bank of telephones would be required. The

specifications at ANSI 4.29 would apply.

Requirement 3--Usable Doors

16. Required Width

Q. Will a standard hung 32-inch door provide sufficient clear width

to meet the requirements of the Fair Housing Act?

A. No, a 32-inch door would not provide a sufficient clear opening

to meet the requirement for usable doors. A notation in the Guidelines

for Requirement 3 indicates that a 34-inch door, hung in the standard

manner, provides an acceptable nominal 32-inch clear opening.

17. Maneuvering Clearances and Hardware

Q. Is it correct that only the exterior side of the main entry door

of covered multifamily dwellings must meet the ANSI requirements?

A. Yes. The exterior side of the main entry door is part of the

public and common use areas and therefore must meet ANSI A117.1 1986

specifications for doors. These specifications include necessary

maneuvering clearances and accessible door hardware. The interior of

the main entry door is part of the dwelling unit and only needs to meet

the requirements for usable doors within the dwelling intended for user

passage, i.e., at least 32 inches nominal clear width, with no

requirements for maneuvering clearances and hardware. (See 56 FR 9487-

9488, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)

18. Doors to Inaccessible Areas

Q. Is it necessary to provide usable doors when the door leads to

an area of the dwelling that is not accessible, such as the door

leading down to an unfinished basement, or the door connecting a

single-story dwelling with an attached garage? (In the latter case,

there is a separate entrance door to the unit which is accessible.)

A. Yes. Within the dwelling unit, doors intended for user passage

through the unit must meet the requirements for usable doors. Such

doors would have to provide at least 32 inches nominal clear width when

the door is open 90 degrees, measured between the face of the door and

the stop. This will ensure that, if a wheelchair user occupying the

dwelling unit chooses to modify the unit to provide accessibility to

these areas, such as installing a ramp from the dwelling unit into the

garage, the door will be sufficiently wide to allow passage. It also

will allow passage for people using walkers or crutches.

Requirement 4--Accessible Route Into and Through the Unit

19. Sliding Door

Q. If a sliding door track has a threshold of \3/4\'', does this

trigger requirements for ramps?

A. No. The Guidelines at Requirement 4 provide that thresholds at

doors, including sliding door tracks, may be no higher than \3/4\'' and

must be beveled with a slope no greater than 1:2.

20. Private Attached Garages

(a) Q. If a covered multifamily dwelling has an individual, private

garage which is attached to and serves only that dwelling, does the

garage have to be accessible in terms of width and length?

A. Garages attached to and which serve only one covered multifamily

dwelling are part of that dwelling unit, and are not covered by

Requirement 2 of the Guidelines, which addresses accessible and usable

public and common use space. Because such individual garages attached

to and serving only one covered multifamily dwelling typically are not

finished living space, the garage is not required to be accessible in

terms of width or length. The answer to this question should be

distinguished from the answer to Question 14(c). Question 14(c)

addresses parking garages where there are several garages or stalls

located together, either in a separate, detached building, or in a

central area of the building, such as at one end. These types of

garages are not attached to, and do not serve, only one unit and are

therefore considered public and common use garages.

21. Split-Level Entry

Q. Is a dwelling unit that has a split entry foyer, with the foyer

and living room on an accessible route and the remainder of the unit

down two steps, required to be accessible if it is a ground floor unit

in a covered multifamily dwelling?

A. Yes. Under Requirement 4, there must be an accessible route into

and through the dwelling unit. This would preclude a split level foyer,

unless a properly sloped ramp can be provided.

Requirement 5--Environmental Controls

22. Range Hood Fans

Q. Must the switches on range hood kitchen ventilation fans be in

accessible locations?

A. No. Kitchen ventilation fans located on a range hood are

considered to be part of the appliance. The Fair Housing Act has no

requirements for appliances in the interiors of dwelling units, or the

switches that operate them. (See ``Guidelines for Requirement 5'' and

``Controls for Ranges and Cooktops'' at 56 FR 9490 and 9492, March 6,

1991, or 24 CFR Ch. I, Subch. A, App. III.)

Requirement 6--Reinforced Walls for Grab Bars

23. Type of Reinforcement

Q. What type of reinforcement should be used to reinforce bathroom

walls for the later installation of grab bars?

A. The Guidelines do not prescribe the type of material to use or

method of providing reinforcement for bathroom walls. The Guidelines

recognize that grab bar reinforcing may be accomplished in a variety of

ways, such as by providing plywood panels in the areas illustrated in

the Guidelines under Requirement 6, or by installing vertical

reinforcement in the form of double studs at the points noted on the

figures in the Guidelines. The builder/owners should maintain records

that reflect the placement of the reinforcing material, for later

reference by a resident who wishes to install a grab bar.

24. Type of Grab Bar

Q. What types of grab bars should the reinforcement be designed to

accommodate and what types may be used if the builder elects to install

grab bars in some units at the time of construction?

A. The Guidelines do not prescribe the type of product for grab

bars, or the structural strength for grab bars. The Guidelines only

state that the necessary reinforcement must be placed ``so as to permit

later installation of appropriate grab bars.'' (Emphasis added.) In

determining what is an appropriate grab bar, builders are encouraged to

look to the 1986 ANSI A117.1 standard, the standard cited in the Fair

Housing Act. Builders also may follow State or local standards in

planning for or selecting appropriate grab bars.

Requirement 7--Usable Kitchens and Bathrooms

25. Counters and Vanities

Q. It appears from Figure 2(c) of the Guidelines (under Requirement

5) that there is a 34 inch height requirement for kitchen counters and

vanities. Is this true?

A. No. Requirement 7 addresses the requirement for usable kitchens

and bathrooms so that a person in a wheelchair can maneuver about the

space. The legislative history of the Fair Housing Act makes it clear

that the Congress intended that the Act affect ability to maneuver

within the space of the kitchen and bathroom, but not to require

fixtures, cabinetry or plumbing of adjustable design. Figure 2(c) of

the Guidelines is illustrating the maximum side reach range over an

obstruction. Because the picture was taken directly from the ANSI

A117.1 1986 standard, the diagram also shows the height of the

obstruction, which, in this picture, is a countertop. This 34 inch

height, however, should not be regarded as a requirement.

26. Showers

Q. Is a parallel approach required at the shower, as shown in

Figure 7(d) of the Guidelines?

A. Yes. For a 36'' x 36'' shower, as shown in Figure 7(d), a person

in a wheelchair would typically add a wall hung seat. Thus the parallel

approach as shown in Figure 7(d) is essential in order to be able to

transfer from the wheelchair to the shower seat.

27. Tub Controls

Q. Do the Guidelines set any requirements for the type or location

of bathtub controls?

A. No, except where the specifications in Requirement 7(2)(b) are

used. In that case, while the type of control is not specified, the

control must be located as shown in Figure 8 of the Guidelines.

28. Paragraph (b) Bathrooms

Q. If an architect or builder chooses to follow the bathroom

specifications in Requirement 7, Guideline 2, paragraph (b), where at

least one bathroom is designed to comply with the provisions of

paragraph (b), are the other bathrooms in the dwelling unit required to

have reinforced walls for grab bars?

A. Yes. Requirement 6 of the Guidelines requires reinforced walls

in bathrooms for later installation of grab bars. Even though

Requirement 6 was not repeated under Requirement 7--Guideline 2, it is

a separate requirement which must be met in all bathrooms. The same

would be true for other Requirements in the Guidelines, such as

Requirement 5, which applies to usable light switches, electrical

outlets, thermostats and other environmental controls; Requirement 4

for accessible route; and Requirement 3 for usable doors.

29. Bathroom Clear Floor Space

Q. Is it acceptable to design a bathroom with an in-swinging 2'10''

door which can be retrofitted to swing out in order to provide the

necessary clear floor space in the bathroom?

A. No. The requirements in the Guidelines must be included at the

time of construction. Thus, for a bathroom, there must be sufficient

maneuvering space and clear floor space so that a person using a

wheelchair or other mobility aid can enter and close the door, use the

fixtures and exit.

30. Lavatories

Q. Would it be acceptable to use removable base cabinets beneath a

wall-hung lavatory where a parallel approach is not possible?

A. Yes. The space under and around the cabinet should be finished

prior to installation. For example, the tile or other floor finish must

extend under the removable base cabinet.

31. Wing Walls

Q. Can a water closet (toilet) be located in an alcove with a wing

wall?

A. Yes, as long as the necessary clear floor space shown in Figure

7(a) is provided. This would mean that the wing wall could not extend

beyond the front edge of a lavatory located on the other side of the

wall from the water closet.

32. Penalties

Q. What types of penalties or monetary damages will be assessed if

covered multifamily dwellings are found not to be in compliance with

the Fair Housing Act?

A. Under the Fair Housing Act, if an administrative law judge finds

that a respondent has engaged in or is about to engage in a

discriminatory housing practice, the administrative law judge will

order appropriate relief. Such relief may include actual and

compensatory damages, injunctive or other equitable relief, attorney's

fees and costs, and may also include civil penalties ranging from

$10,000 for the first offense to $50,000 for repeated offenses. In

addition, in the case of buildings which have been completed,

structural changes could be ordered, and an escrow fund might be

required to finance future changes.

Further, a Federal district court judge can order similar relief

plus punitive damages as well as civil penalties for up to $100,000 in

an action brought by a private individual or by the U.S. Department of

Justice.

[FR Doc. 94-15501 Filed 6-27-94; 8:45 am]

BILLING CODE 4210-28-P