The Difference Between ADA Residential Dwelling Units and FHA Covered Units

The term “residential dwelling unit” is found in the Americans with Disabilities Act (ADA) and the term “covered unit” is found in the Fair Housing Act (FHA). Both terms are referring to the same type of dwelling unit but built under different circumstances.

2010 ADA Standards

The 2010 ADA Standards for Accessible Design, Section 106.5, defines a residential dwelling unit as “A [dwelling] unit intended to be used as a residence, that is primarily long-term in nature. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.” So this definition can apply to condominiums and apartments because they can be found in Title II and Title III facilities, which is covered by the ADA. This definition does not apply to single family homes because they are not found in Title II or Title III facilities.

FHA Design Manual

The FHA Guidelines and Design Manual define a covered unit as “all dwelling units in a multifamily housing building consisting of four or more dwelling units, if the building has one or more elevators or, all ground floor dwelling units in a multifamily housing building consisting of four or more dwelling units but no elevator.” This can include condominiums, apartments, townhouses, time share units, assisted living projects, public housing, dormitory rooms, homeless shelters used as a residence, etc.

FHA covered units are not fully accessible, nor are they purported to be. FHA design and construction requirements are modest and result in units that may not look different from traditional units but can be easily adapted by people with disabilities who require features of accessibility not required by the FHA.

It is possible that certain properties, or portions thereof, will be covered by both the FHA and Title II and/or Title III of the ADA. The Fair Housing Act's design and construction requirements do not preempt the ADA and in those cases where a development is subject to more than one accessibility standard, the laws and the standards must be read together and followed together. When the FHA and ADA overlap the more stringent requirements of each law must be met, in terms of both scoping and technical requirements.

SUMMARY

FHA covered units are found only in multi-family housing facilities consisting of 4 or more dwelling units. ADA residential dwelling units are not defined by the number of dwelling units but must be located in Title II or Title III facilities. It is possible that certain properties, or portions thereof, will be covered by both the FHA and Title II and/or Title III of the ADA. When the FHA and ADA overlap the more stringent requirements of each law must be met, in terms of both scoping and technical requirements.

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If you observe a facility that is not ADA and/or FHA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

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