Any person or entity involved in the design and construction of an apartment or condominium building, and the owner of the building, may be named as Defendants, sued, and held liable for violations of the Fair Housing Act or Americans with Disabilities Act at the facility in a HUD lawsuit.
Read MoreHUD is not required to review or approve builder's plans or issue certifications of compliance with the Fair Housing Act's design and construction requirements for multi-family housing. The burden of compliance rests with the person or persons who design and construct covered multifamily dwellings.
Read MoreIf a builder, architect, or developer believe that a property with which they were involved is covered by the Fair Housing Act's design and construction requirements but does not comply, they should 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.
Read MoreAlterations, rehabilitation, or repair of covered multifamily dwellings are not covered by the FHA because the Act's design and construction requirements only apply to new construction of buildings built for first occupancy after March 13, 1991.
Read MoreA minimum of two percent of the number of parking spaces serving covered dwelling units [apartments or condominiums] must be made accessible and they must be located on an accessible route; if different types of parking are offered, such as surface parking, garage, or covered spaces, a sufficient number of each type must be made accessible.
Read MoreThe Fair Housing Act does not require fully accessible apartments.
Read MoreThe Fair Housing Act's design and construction requirements do not require a minimum number of accessible dwelling units.
Read MoreThe Fair Housing Act's design and construction requirements do not cover multistory townhouses--units that have two, three, or even four stories--unless the building has an elevator.
Read MoreHUD recognizes 15 safe harbors to meet FHA regulations to provide a range of options that—if followed in their entirety without modification or waiver—will keep residential buildings compliant with the FHA. The new safe harbors are generally aligned with the current codes (minus any local amendments to the IBC), which may make it less complicated by limiting the layers of the requirements. HUD recommends that only one safe harbor should be used for design and construction of a multi-family facility.
Read MoreThe Fair Housing Act (FHA) requires seven basic requirements that must be met to comply with the access requirements of the Act. To describe these requirements in more detail, HUD published FHA Guidelines in 1991. The FHA Guidelines are one of 15 safe harbors for compliance that HUD has identified.
Read MoreThe 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.
Read MoreThe Fair Housing Amendment Act of 1988 represented a major change in housing law. Congress delayed the effective date for the access provisions until 1991 to give developers, builders, and architects more time to incorporate the new access standards into their building plans. Richard Acree provides multi-family building and facility inspections for ADA and FHA compliance.
Read MoreThe DOJ recently sued Fitness International LLC, also called LA Fitness, for discriminating against people with disabilities at its gym and fitness clubs. This lawsuit and settlement are the result of a public accommodation failing to comply with the ADA. A proactive approach to ADA compliance by LA Fitness could have prevented this lawsuit.
Read MoreA majority of U.S. veterans are not aware of the fact they can qualify for grants from the U.S. Department of Veterans Affairs (VA) to allow them to age in place, according to survey data from senior advocacy group AARP. If you are a veteran or know a veteran who needs help with aging-in-place home modifications please call Richard at 615-752-0060, or email to inspections4ada@gmail.com.
Read MoreFailure to comply with the requirements of the ADA is a violation of a federal law. Institutions that are not pro-active with ADA compliance for facilities, policies, or procedures can be held accountable by the US DOJ. It is a violation of the ADA to force students into cluster schools only for those with impaired hearing.
Read MoreThe US DOJ Civil Rights Division and the U.S. AOCDC secured an agreement with LA County to resolve the DOJ lawsuit alleging the County violated the ADA by denying voters with mobility and vision disabilities an equal opportunity to vote. Had the County taken the pro-active initiative to ensure the voting locations, policies and procedures were compliant with the ADA this legal proceeding could have been avoided and many voters living with disabilities could have exercised their rights as citizens in the United States.
Read MoreOn July 25, 2024, the U.S. Access Board (USAB) issued a final rule specifying a low transfer height of 17 inches for medical diagnostic equipment (MDE) used in the supine, prone, side-lying, and the seated position. related to the low height specifications for transfer surfaces.
Read MoreADA Inspections Nationwide, LLC, (ADAIN) offers building and facility inspections in Owensboro, KY for compliance with the Americans with Disabilities Act (ADA).
Read MoreGSA issued a final rule adopting the Access Board’s Public Right-of-Way Accessibility Guidelines (PROWAG) as part of the Architectural Barriers Act Accessibility Standards (ABAAS). These requirements include accessibility features such as minimum sidewalk width, accessible pedestrian signals, accessible pedestrian loading zones, and accessible on-street parking.
Read MoreTen Tennessee State Parks will begin providing new all-terrain wheelchairs to enhance accessibility for visitors.
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