Accessibility laws to know.

Several federal laws ensure that buildings provide access for people with disabilities. When these laws are triggered, they apply in addition to state or local laws and building code that requires accessible design.

Architectural Barriers Act. The Architectural Barriers Act (ABA) requires buildings and facilities that are constructed by or on behalf of, or leased by the United States, or buildings financed, in whole or in part, by a grant or loan made by the United States to be accessible to people with disabilities. The good news is that compliance with Section 504 will satisfy the requirements of ABA.

Section 504 of the Rehabilitation Act of 1973. Section 504 provides that no qualified individual with a disability should be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

If a newly constructed apartment community includes at least five dwelling units, regardless of whether they are located on the same site, 5 percent of the units, but not less than one, are required to incorporate full access for people with disabilities, and an additional 2 percent of the units, but not less than one, must accommodate the needs of people with hearing or visual disabilities. For alterations, Section 504 is triggered with some limitations when there are at least 15 units in the project. Section 504 refers to the Uniform Federal Accessibility Standards (UFAS) for technical guidance.

The Fair Housing Amendments Act of 1988. The FHAA applies only to newly constructed apartment housing built for "first occupancy" after March 13, 1991. "First occupancy" means that the building was not previously used for any other purpose. The FHAA applies whenever there are at least four units in one building and covers, with some limitations, all single-story ground-floor units in buildings not served by elevators and all units in buildings with elevator service. HUD has approved several "safe harbors" for compliance with the FHAA; "safe harbors" include, among others, The Fair Housing Accessibility Guidelines and the 1980, 1992 and 1998 editions of the ANSI A117.1 Standard.

The Americans with Disabilities Act (ADA). The ADA is probably the most known accessibility regulation. Title III of the ADA covers places of public accommodations and commercial facilities, such as hotels and restaurants. For example, the leasing office, which the general public uses to inquire about apartment homes for rent, is considered a place of public accommodation under Title III. Title III refers to the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for technical guidance.

Title II of the ADA covers housing provided by public entities, such as housing on a state university campus. Title II provides a choice of technical criteria to use: ADAAG or UFAS.

Laws of a State and Local Jurisdiction and Building Code Requirements. States and local jurisdictions may include additional accessibility requirements. Before beginning any project, contact the fair housing office of the state and local jurisdiction in which the community is being built for information on local requirements.

Building codes adopted by the local jurisdiction include requirements for accessible design and construction. Chapter 11, for example, of the International Building Code 2003 (IBC) includes scoping criteria for accessibility as it applies to all use groups, including residential uses, and refers to the 1998 edition of the ANSI A117.1 standard for technical guidance. The IBC 2003, with one clarification, is an additional HUD-approved safe harbor for FHAA compliance. It is not a safe harbor for compliance with the requirements of Section 504 or the ADA. Projects designed to comply with Chapter 11 of the IBC 2003 will satisfy the requirements of the FHAA. In many instances, building code requirements are more stringent than the requirements of the FHAA. Jurisdictions across the country have adopted the subsequent 2006 edition of the IBC, which is not a HUD-approved safe harbor, for compliance; however, HUD-approval is expected. Further, new ADA/ABA guidelines have been developed but have not yet been adopted for enforcement under the ADA by DOJ.