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“Making Rural Development Multifamily Projects

Accessible” Based on work by Larry Fleming

Agnieszka Kisza

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• Section 504 of the Rehabilitation Act (1973)

• The Fair Housing Amendments Act (1988)

• Americans With Disabilities Act (1991)

• The Architectural Barriers Act (1968)

Accessibility LawsFour Federal laws impact accessibility for MFH projects:

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Where it applies?ACT: APPLIES TO:

1. Americans with Disabilities Act

All facilities which provide “public accommodation” and commercial facilities;

2. Section 504 of the Rehabilitation Act (UFAS – 5% fully accessible)

Federally funded facilities and programs;

3. Fair Housing Amendments Act(2 story townhouses excluded)

Federally funded and privately funded housing, guaranteed loans (Design requirements apply to facilities with four or more units) – new construction;

4. Architectural Barriers Act (ABA) Federally owned and leased facilities (and “public” space financed by the Federal government).

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Examples of most common Site Plan accessibility problems:

No accessible route connecting major elements on site: parking-office-apartment- all amenities and public transportation.

There are prescribed maximum slopes to comply with law: the slope of walking surfaces in walking direction should not exceed 1:20 (5%), accessible parking not steeper than 1:50 (2%), ramps not steeper than 1:12 (8.333%), ramp landing 2% slope maximum, sidewalk in front of exterior door on the accessible route 2% maximum.…

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1. NO OPEN RISERS ALLOWED,(VISUALL IMPAIRED/CANE);

2. EXTEND HANDRAILS BEYOND THE STEPS;

3. MISSING CANE DETECTOR UNDER THE STAIRS;

307.4 Vertical Clearance under the stairs shall be 80 inches minimum. Rails or other barriers shall be

provided where the vertical clearance is less than 80 inches

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EXAMPLE: FIG. 505.10.1 TOP AND BOTTOM HANDRAIL EXTENSIONS AT RAMPS FIG.

405.9 EDGE PROTECTION

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Example: FIG. 405.7 RAMP LANDINGS

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Example: Changes in level greater than ½ inch (13 mm) in height shall be ramped.

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• Sidewalk or threshold

EXAMPLE of MANEUVERING CLEARANCE AT DOORS 404.2.3.2

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Accessibility Requirements

• Purchase or Rehabilitation of Existing Buildings / Facilities– UFAS: make accessible “to the extent

possible”, (grants / direct loans) (judgement calls)

– ADA: only if / when item repaired, (guaranteed only loans)

• Self Evaluation / Transition Plan– Involve State Architect and / or Civil Rights

Coordinator / Manager

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Accessibility Laws• Architectural Barriers Act (1968)

– “All buildings constructed by, on behalf of, or leased to the Federal government (in whole or part) must be physically accessible to people with disabilities”

• Federal offices (owned or leased)• Technically, applied to any “public” buildings

Federally funded (CF?! MFH onsite office?!)

– Uniform Federal Accessibility Standards (UFAS) apply (today…)

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Accessibility Laws• Section 504 of the Rehab Act (1973)

– “No otherwise qualified person with disabilities shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance from the U.S. Department of Agriculture.”

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Accessibility Laws• Section 504 of the Rehab Act (1973)

– Departmental Regulations 7 CFR 15b, effective date June 10, 1982

– Any program or activity receiving “Federal financial assistance”

– All “program” must be accessible• Applies to SFH to meet applicant’s needs• Applies to MFH, CF, WWD, B&I grants and

direct loans (not guarantees)

– 5% fully accessible housing units (CF too)• Units mix = H/C units mix

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Accessibility Laws• Section 504 of the Rehab Act (1973)

– For rehab and existing buildings • “to the extent possible”

– Required Self Evaluations and Transition Plans when accessibility questioned

– “Reasonable accommodation” at owner’s expense

– Uniform Federal Accessibility Standards (UFAS)

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Accessibility Laws

– Applies to ALL housing whether publicly or privately funded

– Covers the physical design of newly constructed multifamily housing

• All buildings of 4 or more “dwelling units”• Constructed after March 13, 1991 • applies to new construction, no requirements

for existing pre-’91 properties

• Fair Housing Amendments Act (1988)

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Accessibility Laws• Fair Housing Amendments Act (1988)

– All ground floor units in non-elevator buildings and all units in elevator buildings must be “adaptable”

– For RD, applies to Direct and Guaranteed loans

– “Reasonable accommodations” at tenant’s expense

– Fair Housing Act / Accessibility Guidelines

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Accessibility Laws• Fair Housing Amendments Act (1988)

– Definition of “dwelling unit”: A single unit of residence for a household of one or more. It provides sleeping, cooking, and toileting in the same facility. Toileting and cooking may be shared by other occupants.

– “Dwelling units” would include apartments, group homes, dormitory rooms, homeless shelters, home for battered women, nursing homes, etc.

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Accessibility Laws• Americans with Disabilities Act (ADA)

– Covers all areas considered to be “public accommodation” or “commercial facility”

– Title I covers Employment– Title II covers state / local governments– Title III covers all facilities, even owned by

private entities• ADA does not cover resident dwelling units or

common areas, only public areas

– Title IV covers Telecommunications

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Accessibility Laws• Americans with Disabilities Act (ADA)

– Effective date January 26, 1992 – All projects, no matter what the funding /

ownership• All programs direct loans / grants• All programs guaranteed loans (applies to private

facilities as well)• Majority of CF facilities, many Business projects, fall

under ADA/AG

– ADA / Accessibility Guidelines (ADA/AG)

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Direct Loans & Grants

• UFAS applies – direct “Federal financial assistance”

• FHAA may apply – if “housing” (greater than 4 units, first

occupied after 3/13/91)

• ADAAG may apply– if “places of public accommodation” or

“commercial facilities”

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Guaranteed Loans• UFAS does not apply

– (no “Federal financial assistance”)

• ADAAG applies (“places of public accommodation” or “commercial facilities”)

– if buying existing building, if rehab required, consider accessibility for that item

• if not rehab, notify applicant only

– consider accessibility when / if any item repaired / replaced

– new construction - accessible per ADAAG

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• Self Evaluations required– For all projects existing on 6/10/82 (date

of 7 CFR 15b, Dept. Regs. on Rehab Act)

– For rehab, new or subsequent loan funds (expanding service)

– Servicing action (Compliance Review, security inspection, part of regular servicing)

– Existing facility / building being purchased

Self EvaluationsSelf Evaluations

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Self Evaluations Self Evaluations

• Examine Policies and Procedures– how handle “reasonable

accommodation” requests?• Who approves them?

• Management, employees know procedure?

– “Effective communication”? (TDD, recordings of information, sign language interpreter)

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Transition Plans Transition Plans

• Transition Plans “if needed”– describe corrective actions– schedule when repairs to take place– identify responsible party

• Make the “program” accessible• Part of Agency’s Compliance

Review function, and servicing of loan to review Self Evaluation / Transition Plan

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Self Evaluations / Transition Plans Self Evaluations / Transition Plans

• Required to be available for public review – In office or service location

• Will be on-going– Revisions to standards, new

requirements– Conditions change over time

(sidewalks settling, etc.)

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Elevator Requirements• if not Housing and more than one story,

plan on an elevator…..• Under “new” ABAAS standard (not yet

implemented), some flexibility– Based on building code definition of

“occupancy load”– Will allow up to 5 employees on second level

without an elevator– Minor help, good for small square footage

areas or storage only

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Elevator Requirements• Exceptions VERY limited

– existing facility• if staying within footprint: “structurally impractical”

(can’t add within existing space)

• if addition, an elevator can be added

– if other floor used for mechanical areas only (not storage, “expansion”, “unfinished”, etc.)

– if privately owned, only a CF guarantee (no grant / direct loan), less than 3 stories, AND less than 3000 sq.ft. per floor

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“Public” vs “Common Use”• Open to public : ADAAG applies

– Up to the “counter”– Any “public” toilets?– Covers guaranteed, direct, grants

• Employee, client, customer spaces : UFAS applies– Beyond the “counter”– Employee break area sink accessible?– Employee toilet accessible?– Any direct loan, grant, interest credit

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Children’s Spaces • Access Board has standards for

“children’s spaces”

• Accessibility dimensions for grab bars, toilets, etc. for children 3-12

• For children above 12 years, use adult dimensions

• Contact the National Office or Access Board for more information

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Resource Material• U.S. Architectural and Transportation

Barriers Compliance Board (Access Board) – UFAS, ABAAS, and ADAAG– 1331 F St NW, Suite 1000, Washington, DC 20004-1111– Technical Assistance Hotline: 202 - 272 - 0080 or 800 - 872 - 2253– E-mail to: ta@access-board.gov– http://www.access-board.gov

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Accessibility Questions?• State Office Contacts

– Consult with State Architect– State Civil Rights Manager / Coordinator– State Program Staff

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Questions,

Answers

Thanks!