Fair Housing Act Design Requirements: Multifamily Accessibility Beyond ADA

Fair Housing Act (FHA) design and construction requirements apply to covered multifamily dwellings built for first occupancy after March 13, 1991. Distinct from ADA Title III (public accommodations) — FHA covers private multifamily housing (4+ unit buildings, all ground-floor units in non-elevator buildings, all units in elevator buildings). Substantial accessibility design requirements. Substantial litigation source. Understanding FHA design helps multifamily construction firms ensure compliance.

This post covers Fair Housing Act design requirements.

Coverage

FHA coverage specific:

FHA coverage specific. Multifamily 4+ units typically covered. Built for first occupancy after March 13, 1991 — substantial portion of modern multifamily. Elevator building: all units must comply. Non-elevator building: all ground-floor units must comply. Specific to first occupancy date — buildings before exempt. Substantial vs ADA — different scope and requirements.

Seven Design Requirements

Seven FHA design requirements:

Seven FHA design requirements substantial. 1. Accessible building entrance on accessible route from arrival points. 2. Accessible common and public use areas including lobbies, hallways, amenities. 3. Usable doors with substantial clearance and accessible hardware. 4. Accessible route into and through unit — substantial requirement affecting unit design. 5. Light switches, outlets, environmental controls in accessible locations (15-48 inches typical). 6. Reinforced walls for grab bars in bathrooms (future grab bar installation). 7. Usable kitchens and bathrooms with specific clearances.

Safe Harbors

Safe harbors provide compliance:

Safe harbors provide compliance options. HUD Fair Housing Act Design Manual primary safe harbor. ANSI A117.1 (Standard for Accessible and Usable Buildings and Facilities) with FHA modifications. Specific compliance options through 10 official safe harbors. Specific to choice — designer/contractor select safe harbor. Quality compliance through following safe harbor.

Common Violations

Common violations substantial:

Common violations substantial in multifamily. Substantial steps to entrance vs accessible route. Inadequate door clearances (less than 32-inch clear). Bathroom clearances insufficient (specific FHA clear floor requirements). Kitchen clearances insufficient at appliances, sinks. Switches/outlets out of reach (above 48 inches or below 15 inches). Specific to design errors. Substantial litigation source through DOJ enforcement, private actions, complaints.

Section 504

Section 504 federal accessibility:

Section 504 federal accessibility for federally-funded properties. Substantially more stringent than FHA. 5% units fully accessible (Type A) per Section 504 (vs FHA more lenient). 2% units sensory accessible (hearing/vision impaired). UFAS (Uniform Federal Accessibility Standards) or 2010 ADA Standards as alternative. Specific to federal funding including HUD-funded, public housing.

ANSI A117.1 Type A and B

Type A and B units:

ANSI A117.1 Type A and B units. Type A fully accessible substantial requirements. Type B adaptable typical FHA equivalent. Type C visitable basic accessibility. Specific requirements per type. Different from FHA terminology but similar concepts. Some jurisdictions adopt ANSI A117.1 directly.

Bottom Line

Fair Housing Act design requirements apply to covered multifamily after 1991. Coverage includes 4+ units with substantial portion of multifamily covered. Seven design requirements substantial accessibility. Safe harbors provide compliance options. Common violations substantial litigation source. Section 504 federal accessibility more stringent. ANSI A117.1 Type A and B alternative classifications. For multifamily construction firms, FHA compliance substantial concern. Quality expertise prevents substantial litigation. Worth substantial attention.