A common misunderstanding regarding new multi-family housing is that the Fair Housing Accessibility Guidelines (FHA Guidelines, Guidelines) must be followed when the facility is first constructed. This would include the design phase by the architect and the construction phase by the contractor. However, according to the Guidelines as published in 24 CFR Chapter 1 and shown in the Federal Register, Volume 56, Number 44, Wednesday, March 6, 1991, Rules and Regulations, page 9473, “The design specifications presented in the Fair Housing Accessibility Guidelines provide technical guidance to builders and developers in complying with the specific accessibility requirements of the Fair Housing Amendments Act of 1988. The Guidelines are intended to provide a safe harbor for compliance with the accessibility requirements of the Fair Housing Amendments Act, as implemented by 24 CFR 100.205 of the Departments [HUD] Fair Housing regulations. The Guidelines are not mandatory. Additionally, the Guidelines do not prescribe specific requirements which must be met, and which, if not met, would constitute unlawful discrimination under the Fair Housing Amendments Act. Builders and developers may choose to depart from the Guidelines, and seek alternate ways to demonstrate that they have met the requirements of 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.