Westchester Independent Living Center, Inc.
   
 
 
 
 

Accessibility in New Buildings

Multi-family buildings

of four (4) or more units

first occupied after March 13, 1991

must meet certain new construction requirements and include certain new accessibility features

in all units in buildings with elevators

and only in ground floor units made accessible in buildings with four (4) or more units and no elevators.

HUD published the Fair Housing Accessibility Guidelines on March 6, 1991 as minimum accessibility standards to be used by builders when constructing new multi-family dwellings.

Accessibility Features:

  • At least one accessible building entrance on an accessible route (unless terrain or site characteristics make this impractical).

  • Accessible public and common areas.

  • Doors and hallways wide enough for persons in wheelchairs.

  • Within each covered unit:

    an accessible route into and through the unit,

    accessible light switches, electrical outlets and thermostats,

    reinforced bathroom walls to allow later installation of grab bars, and

    kitchens and bathrooms usable by people in wheelchairs.

These requirements do not replace stricter standards in state or local laws.

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Accessibility Requirements in New Construction

Newly constructed multi-family dwellings with four or more units must provide basic accessibility to people with disabilities, if the building was ready for first occupancy on or after March 13, 1991. The design features mentioned here apply to all units in buildings with elevators and to ground floor units in multi-level buildings without elevators.

Multi-story townhouses are exempt from these requirements. The following are FHAA's required accessible design features:

  • At least one building entrance must be on an accessible route.
  • All public and common use areas must be readily accessible.
  • All doors into and within all premises must be wide enough to allow passage by persons in wheelchairs.
  • All premises must contain an accessible route into and through the dwelling unit.
  • All light switches, electrical outlets, thermostats, and environmental controls must be placed in an accessible location.
  • Reinforcements in the bathroom walls for later installation of grab bars around toilet, tub, and shower must be provided.
  • Usable kitchens and bathrooms must be provided so that a person who uses a wheelchair can maneuver about the space.

Although FHAA does not include any exceptions to these requirements, the Department of Housing and Urban Development (HUD) has determined that the provision requiring at least one building entrance be on an accessible route may be exempted if it is impractical to do so because of terrain or unusual site characteristics. For example, an accessible route to a building constructed on stilts would be impractical. The burden of proving impracticality is on the designer or builder of the housing facility. HUD has indicated that only infrequent cases will qualify for this exception.

In an effort to provide technical guidance to builders, HUD issued the Fair Housing Accessibility Guidelines. The guidelines are not mandatory, but simply provide technical guidance to assure a minimum level of accessibility.

For more information on the Fair Housing Accessibility Guidelines, click here.

And/or for the Fair Housing Act Design Manual, click here.


 
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