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

Do the Fair Housing Act's design and construction requirements apply to alteration or renovation of multi-family 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. Fair Housing Act Design Manual, page 11, Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines, 59 FR 33362-33368, June 28, 1994, questions 4 and 9.

When an addition is built as an extension to an existing building, the addition of four or more units is regarded as a new building and must meet the design requirements of the FHA Guidelines. If any new public and common use spaces are added, they are required to be accessible. If, for example, an apartment wing is added to an existing hotel, the apartments are covered by the Fair Housing Act..

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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.