The following question and answer are provided by the US Department of Housing and Urban Development.

Why are there so many new townhouse developments that have more than one level and that aren't accessible? Doesn't the Fair Housing Act's design and construction requirements prohibit them?

The 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. There is a discussion of townhouses in the preamble to the Guidelines under "Section 2-Definitions [Covered Multifamily Dwellings]" at 56 FR 9472, 9481, March 6, 1991. A copy of the preamble to the Guidelines is contained in the Fair Housing Act Design Manual in Appendix B.

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If you have questions about an apartment or condominium building with respect to ADA and FHA compliance, please contact Richard Acree at 615-752-0060, or inspections4ada@gmail.com , at ADA Inspections Nationwide, LLC (ADAIN). ADAIN provides multi-family building and facility inspections for compliance with the ADA and FHA.