Frequently Asked Questions
Americans with Disabilities Act (ADA)Under title II of the Americans with Disabilities Act (ADA), a State or local government providing residential facilities must provide program access to existing facilities and must design and construct new facilities to be accessible. Title II of the ADA permits the option of using UFAS as the Standard for design and construction. UFAS Sections 4.1.3, 4.1.4(2)(a), 4.1.4(11), and 4.34 specifically address housing. As discussed above, the ADA requires that altered facilities must comply with the applicable standards. Entities subject to title II must provide program access to its programs “when viewed in their entirety” except where to do so would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens. Title III of the ADA covers public accommodations and commercial facilities. According to the ADA, dwelling units that are covered by or expressly exempt from coverage under the Federal Fair Housing Act are not considered “commercial facilities”. Any place within a residential facility that fits within the category of “public accommodation” will be covered by title III of the ADA. Typically, rental offices and the parking area serving them are covered by title III and its ADA Standards. In addition, if the residential facility makes its amenities available to the general public, as opposed to residents and their guests, those areas are considered public accommodations subject to title III. For example, a residential facility may offer swimming pool memberships to the local community or make its tennis courts available on an hourly “pay as you go” basis. If any dwelling unit is a facility that fits into one of the twelve categories that defines a "public accommodation" that dwelling unit could be |
Does the ADA cover private apartments and private homes?
The ADA does not cover strictly residential private apartments and homes. If, however, a place of public accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of the residence used for that purpose are subject to the ADA's requirements.
My state has an accessibility code in addition to the ADA. Which one do I follow?
Compliance with both the state accessibility code and the ADA Standards is required. Where there are differences, the more stringent provision must be followed.
What does the ADA require for new construction and alterations?
The ADA requires that all new construction (and to the maximum extent feasible, all alterations) be designed and constructed to be accessible to and usable by people with disabilities. This covers buildings and facilities covered by title II (State and local governments) and title III (places of public accommodation and commercial facilities) the ADA. Private residential homes are not covered by the ADA.
What standards apply to newly constructed and altered facilities covered by the ADA?
The specific provisions detailing how accessibility is to be addressed is covered in the ADA Standards issued by the U. S. Department of Justice (include link – (28 CFR Part 36).
What if the ADA standards do not have specific provisions for an elements or building type?
Where the ADA Standards do not include specific provisions for an element or building type, for example, children’s facilities or judicial and correctional facilities, covered entities must determine for themselves what constitutes accessible design. Accessibility guidelines developed by the U.S. Access Board for these types of facilities can provide useful guidance.
If I have to rebuild my facility, should I use the current ADA Standards (28 CFR Part 36) or should I use the revised ADA/ABA Accessibility Guidelines?
The ADA Standards issued by the U. S. Department of Justice are the legally enforceable standards at this time. The U.S. Department of Justice is in the process of updating the ADA Standards to be consistent with the revised ADA/ABA Accessibility Guidelines. These revised guidelines are available on the Access Board’s website (http://www.access-board.gov/ada-aba/final.htm). The revised guidelines may be used for guidance in areas where no accessibility standard exists (such as recreation facilities and play areas) or for those provisions that exceed the current ADA Standards.
What is the responsibility of those setting up “temporary” businesses in trailers to be accessible for people with disabilities?
The ADA Standards cover temporary buildings and facilities as well as permanent buildings and facilities. Examples of temporary buildings or facilities include, but are not limited to: temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary safe pedestrian passageways around a construction site. Businesses operating temporarily in leased or borrowed trailers must comply with the ADA’s requirement to remove barriers in existing facilities where it is readily achievable.
What is considered “readily achievable”?
Readily achievable means "easily accomplishable and able to be carried out without much difficulty or expense." Examples include the simple ramping of a few steps, the installation of grab bars where only routine reinforcement of the wall is required, the lowering of telephones, and similar modest adjustments.
There are tax incentives qualified businesses and other public accommodations can use to defray the costs of barrier removal.
I sustained damage to my building. How much money do I have to allocate to make those repairs accessible?
The ADA Standards apply to all building repairs that are considered alterations. An alteration is defined as a change that affects usability. Certain improvements, such as re-roofing, painting, or changes to mechanical and electrical systems, are excluded (unless they affect the usability of the facility). Any new work that is done to an existing building as part of an alteration must meet the ADA Standards to the maximum extent feasible. If the alteration affects an area of primary function – a principal use area -- of the building, it may be necessary to include other improvements in order to provide an accessible path of travel to the altered areas.
Additional work may be required if the “path of travel” requirements are triggered. If alterations are made to an area containing a primary function, an accessible “path of travel” is required which means a continuous route connecting the altered area to an entrance. Phones, restrooms, and drinking fountains that, where provided, serve the altered area are also required to be accessible. Since this may involve modifications outside the intended alteration, compliance is required to the extent it is not “disproportionate” to the cost of alterations to the primary function area. “Disproportionality” is defined by the Department of Justice rule (section 36.403) as costing more than 20% of the costs of the alteration to the primary function area.
I’m an architect. I am restoring an old building and do not plan to make any changes to the original building plans. Do the ADA Standards apply?
The ADA Standards set minimum requirements for accessibility in alterations. Each element or space that is altered must meet the technical criteria for new construction where technically feasible. Where an entire room or space is altered, the room or space must be made fully accessible. Comprehensive renovations will trigger more of the ADA Standards than limited small-scale projects.
I am the owner of a small business that was damaged by the storms. If I have to rebuild my facility, why do I have to comply with accessibility requirements now, if I did not have to comply before?
The ADA Standards are triggered when newly constructing or altering a building or facility.
I sustained some minor damage to my facility. Will I need to comply with any accessibility requirements?
Generally speaking, the ADA Standards apply to the areas of the building or facility that are altered.
If I have to comply with the ADA standards for my newly renovated building, do I also have to make my front sidewalk compliant?
It depends. If the sidewalk is part of the scope of work, the general obligation under the ADA requires that you make it “accessible to and usable by” individuals with disabilities. The U.S. Access Board is in the process of developing accessibility guidelines for public rights-of-way. Guidance on designing sidewalks and associated elements can be found in the Board’s most recent draft guidelines- http://www.access-board.gov/prowac/draft.htm
The facility I need to rebuild was an historic landmark. Is there any exemption for me under the ADA?
Alterations to historic facilities are required to comply with the ADA Standards. The ADA Standards contain alternative provisions for accessible routes, ramps, entrances, toilet rooms, access between floors, and displays if following the standards would threaten or destroy the historic significance of a feature of a qualified historic facility. “Qualified historic facilities” are facilities listed in the National Register of Historic Places or facilities designated as historic under State or local law. The decision to use the alternative provisions must be made in consultation with the State Historic Preservation Officer.
Do I have to make my damaged warehouse accessible?
Yes. The ADA covers “commercial facilities” such as office buildings and warehouses.
Will there be an inspector that will come and inspect my property for ADA compliance?
No. There is no official inspection process under the ADA. Designers, architects, and those responsible for the operation of the building are required to comply with the ADA. State and local governments may review for compliance with State and local building codes.
Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?
The ADA permits an individual to allege discrimination based on a reasonable belief that the planned construction or alteration of a place of public accommodation, such as a shopping mall, would not be accessible. The resolution of such challenges prior to the construction of a facility would enable any necessary remedial measures to be incorporated in the building at the planning stage, when such changes would be relatively inexpensive.
I am building both multi-family and single family housing with federal funding. What accessibility requirements do I need to follow?
Private developers should check with the local, state or Federal agency providing funding to discover what Federal accessibility criteria may apply to a housing project prior to its design.
Architectural Barriers Act (ABA)The Architectural Barriers Act (ABA) applies to facilities designed, constructed, altered or leased with certain Federal funds and requires compliance with UFAS until the design standards are updated. The ABA is enforced by the U.S. Access Board. For more information about the ABA, |
A building built with federal funds was destroyed. It was constructed in 1981. What standards do I need to use to rebuild?
The accessibility standards for Federal buildings and facilities have recently been revised. GSA’s Architectural Barriers Act (ABA) standards apply to all federally funded facilities, except residential, postal, and military facilities, which are covered by standards maintained by other Federal agencies. GSA’s new ABA Accessibility Standards became effective on May 8, 2006. Last May, the U.S. Postal Service similarly updated its standards which govern post offices and other postal facilities. The departments of Housing and Urban Development and Defense will follow suit and complete the implementation of new standards under the ABA.
Fair Housing ActThe Fair Housing Act requires all “covered multifamily dwellings” designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities regardless of federal funding. The law does not apply to altered facilities, only to new construction. Covered multifamily dwellings are all dwelling units in buildings containing four or more units with one or more elevators, and all ground floor units in buildings containing four or more units, without an elevator. The Department of Housing and Urban Development (HUD) has established guideline for compliance with the Fair Housing Act and has also recognized eight safe harbors for compliance with the Act, including the International Building Code (IBC) 2000 as amended by the 2001 Supplement to the International Codes. For more information on the Fair Housing Act, see www.fairhousingfirst.org. |
Section 504 of the Rehabilitation ActDetached single family homes and multi-family homes covered by, and exempt from coverage by, the Fair Housing Act may be required to comply with other Federal laws requiring accessibility within dwelling units, public use areas, common use areas and the site. Generally, Section 504 of the Rehabilitation Act requires that housing programs receiving Federal financial assistance be designed and constructed to be accessible to and usable by people with disabilities, including people with mobility impairments. If the Federal funding is provided by the Department of Housing and Urban Development or the Department of Agriculture, each of these agency’s Section 504 regulations references the Uniform Federal Accessibility Standards (UFAS) as the enforceable design standard. In addition, under Section 504 of the Rehabilitation Act recipients of Federal financial assistance must comply with the regulations published by the Federal agency providing such Federal assistance. |
ACCESSIBLE HOUSING RESOURCES
Permanent housing
http://www.hud.gov/complaints/housediscrim.cfm
File a housing complaint.
http://www.hud.gov/offices/fheo/disabilities/sect504.cfm
HUD's 504 One-Stop resource site.
http://www.hud.gov/offices/fheo/disabilities/accessibilityR.cfm
FHAA building requirements
Visit: www.hud.gov/katrina
The Texas Low Income Housing Information Service has compiled information on how low-income Hurricane Katrina survivors can obtain temporary and permanent housing in Texas. Individuals can also apply for and find various types of government subsidized rental housing online.
Visit:www.texashousing.org
The Low Income Housing Tax Credit (LIHTC) has made available an estimated 18,000 vacant apartment units statewide for hurricane victims. The federal government has waived special income requirements for these units. The Texas Department of Housing and Community Affairs has a listing of vacant LIHTC units.
Visit:www.tdhca.state.tx.us
Public Housing tenants or Section 8 voucher holders in affected states when the disaster occurred can get assistance with housing needs. Contact the local public housing authorities via a toll-free hotline.
Call: 1-800-955-2232
Centers for Independent Living across the state of Texas and the Nation can assist with your search for accessible housing.
Visit: www.ilru.org
The National Accessible Apartment Clearinghouse helps people who have mobility impairments in finding accessible apartments.
Call: 800-421-1221
Visit: www.aptsforrent.com/naac
The Harris County Housing Authority has secured more than 500 Houston-area apartments for evacuees from Louisiana currently receiving HUD section 8 housing choice vouchers. Those who meet the criteria can qualify for the housing by visiting the authority's office at 8410 Lantern Point, 1-5pm, Monday-Friday (and 8am-noon, Monday-Friday for those 55 and older).
Call: 713-578-2150
Visit: www.hchatexas.org
Disaster Housing Resources helps disaster victims find housing quickly and easily.
Visit: www.dhronline.org
The Houston Apartment Association will offer reduced rent to evacuees at certain properties, depending on availability.
Call: 281-933-2224
The Department of Housing and Urban Development (HUD) has established a single toll-free number to help people displaced by Hurricane Katrina. The number operates from 7am to 8pm, Central time, seven days a week. Callers will be able to speak to an ‘actual person. HUD’s initial goal is to help meet the housing needs of those whose homes have been damaged or destroyed.
Call: 1-888-297-868