Frequently Asked Questions

Question #1: What are the Fair Housing Act's requirements for housing to be accessible?

Answer: The 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. 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.

Question #2: Where can I find the accessibility standards for dwelling units required to be accessible under the Fair Housing Act's design and construction requirements?

Answer: The Fair Housing Act requires seven basic requirements that must be met to comply with the access requirements of the Act. Those requirements are:

1.  An accessible building entrance on an accessible route. 

2.  Accessible public and common use areas.

3.  Usable doors (usable by a person in a wheelchair).

4.  Accessible route into and through the dwelling unit.

5.  Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.

6.  Reinforced walls in bathrooms for later installation of grab bars.

7.  Usable kitchens and bathrooms.

To meet these seven requirements, HUD published Fair Housing Accessibility Guidelines (the Guidelines) on March 6, 1991, and supplemented those Guidelines with a Supplemental Notice: Questions and Answers About the Guidelines published on June 28, 1994. The Guidelines are one of seven safe harbors for compliance that HUD has identified.

Question #3: What are the seven "safe harbors" for compliance with the Fair Housing Act's design and construction requirements and where can I find them?

Answer: HUD has recognized seven safe harbors for compliance with the Fair Housing Act's design and construction requirements. They are:

1.  HUD Fair Housing Accessibility Guidelines published on March 6, 1991, used with the Supplemental Notice to Fair Housing Accessibility Guidelines Questions and Answers about the Guidelines, published on June 28, 1994.

2.  HUD Fair Housing Act Design Manual

3.  ANSI A117.1 (1986), used with the Fair Housing Act, HUD's regulations, and the Guidelines 4.CABO/ANSI A117.1 (1992), used with the Fair Housing Act, HUD's regulations, and the Guidelines

5.  ICC/ANSI A117.1 (1998), used with the Fair Housing Act, HUD's regulations, and the Guidelines

6.  Code Requirements for Housing Accessibility 2000 (CRHA)

7. International Building Code 2000 as amended by the 2001 Supplement to the International Codes Information about how to get copies of the above standards is found elsewhere on this website.

Question #4: Why are there so many new townhouse developments? Doesn't the Fair Housing Act's design and construction requirements prohibit them?

Answer: The Fair Housing Act's design and construction requirements do not cover multistory townhouse units that have two, three, or even four stories--unless the building has an elevator.

Question #5: Does the Fair Housing Act require any minimum number of accessible dwelling units?

Answer: No, the Fair Housing Act's design and construction requirements do not require a minimum number of accessible dwelling units. If a building with four or more units that does not have an elevator is covered, all (100%) of the ground floor units must be accessible, and if the building has an elevator, all (100%) of the units in the building must be accessible. Other federal, state or local codes sometimes require a specified number of units to be accessible.

Question #6: Does the Fair Housing Act's design and construction requirements require fully accessible units?

Answer: No, the Fair Housing Act does not require fully accessible units. Although the requirements apply to a broad number of dwelling units, the Act's design and construction requirements are modest and result in units that do not look different from traditional units but can be easily adapted by people with disabilities who require features of accessibility not required by the Fair Housing Act.

Question #7: Under the Fair Housing Act's design and construction requirements, how many resident parking spaces must be made accessible at the time of construction?

Answer: A minimum of two percent of the number of parking spaces serving covered dwelling units must be made accessible and located on an accessible route; and, if different types of parking are offered, such as surface parking, garage, or covered spaces, at least one of each must be made accessible. If buyers or renters request an accessible space at the time of the first sale or rental, it may be necessary to provide additional accessible parking spaces if the two percent are already reserved. These spaces must be offered on the same terms and with the full range of choices offered to others. If additional spaces are needed as a reasonable accommodation to a person with a disability after the buildings are constructed, additional accessible parking spaces may be required.

Question #8: Do the Fair Housing Act's design and construction requirements apply to alteration or renovation of properties?

Answer: Alterations, rehabilitation or repair of covered multifamily dwellings are not covered because the Act's design and construction requirements only apply to new construction of buildings built for first occupancy after March 13, 1991. However, a covered multifamily dwelling that has been constructed to comply with the law cannot later be altered to make it non-compliant with the law. Additions of four or more units are covered by the design and construction requirements.

Question #9: Do the Fair Housing Act's design and construction requirements apply to detached single-family homes?

Answer: No, the Fair Housing Act's design and construction requirements only apply to covered multifamily dwellings--buildings that have four or more units. In buildings that have an elevator, all of the units are covered. If the building does not have an elevator, all of the ground floor units are covered. This includes single-family homes when there are four or more in the building. However, detached single-family houses are not covered by the Fair Housing Act's design and construction requirements. Although the Fair Housing Act's design and construction requirements may not apply to detached single-family homes, the Fair Housing Act's other provisions, such as nondiscrimination, do apply. Other laws may require accessibility in detached single family houses as described in the next question and answer.

Question #10: Do any accessibility requirements apply to detached single-family homes that are built to be sold to homeowners?

Answer: Detached single family homes that are funded in any way by federal, state or local funds may be required to be accessible under laws other than the Fair Housing Act. These laws, particularly Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act, have requirements for accessibility. For example, detached single family houses funded through the HOPE VI program operated by the Department of Housing and Urban Development (HUD), whether for sale or rental, must comply with HUD's requirements for Section 504. This includes making 5 percent of the units accessible to persons with mobility impairments and 2 percent of the units accessible to persons with vision or hearing impairments. The applicable standard for compliance is the Uniform Federal Accessibility Standard or UFAS.

Question #11: Do the Fair Housing Act's design and construction requirements cover condominiums?

Answer: Yes. The Fair Housing Act's design and construction requirements cover condominiums in covered multifamily dwellings; the design and construction requirements make no distinctions based on ownership.

Question #12: How do the Fair Housing Act's design and construction requirements affect existing State and local building codes?

Answer: Existing state and local codes remain in effect. The Fair Housing Act has no effect on existing state or local codes that require greater accessibility than the Fair Housing Act requires. However, if a state or local code requires less accessibility than the Fair Housing Act, the Fair Housing Act requirements will prevail and must be followed.

Question #13: If I think that I have been involved with the design or construction of a property that is covered by the Fair Housing Act's design and construction requirements but which does not comply with them, what can I do?

Answer: You may seek technical assistance from a consultant with expertise in the Fair Housing Act's design and construction requirements about a plan to correct the violations. You may also consult with a private lawyer for assistance. The Fair Housing Accessibility FIRST website provides more information about the accessibility requirements and the standards for compliance.

Question #14: If I think I have been discriminated against because housing built since March 13, 1991 does not meet the Fair Housing Act's accessibility requirements, what can I do?

Answer: You may contact the United States Department of Housing and Urban Development (HUD) to discuss with them the possibility of filing an administrative complaint that will be investigated by HUD or by a state or local agency that enforces a law that is equivalent to the Fair Housing Act. You may also consult with a private fair housing group or with a private lawyer for assistance.