[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15501]


[Federal Register: June 28, 1994]


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Part III





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity



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24 CFR Ch. I



Fair Housing: Accessibility Guidelines; Questions and Answers; 
Supplement to Notice
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity

24 CFR Chapter I

[Docket No. N-94-2011; FR-2665-N-09]


Supplement to Notice of Fair Housing Accessibility Guidelines: 
Questions and Answers About the Guidelines

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Supplement to notice of fair housing accessibility guidelines.

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SUMMARY: On March 6, 1991, the Department published final Fair Housing 
Accessibility Guidelines (Guidelines) to provide builders and 
developers with technical guidance on how to comply with the 
accessibility requirements of the Fair Housing Amendments Act of 1988 
(Fair Housing Act) that are applicable to certain multifamily dwellings 
designed and constructed for first occupancy after March 13, 1991. 
Since publication of the Guidelines, the Department has received many 
questions regarding the applicability of the technical specifications 
set forth in the Guidelines to certain types of new multifamily 
dwellings and certain types of units within covered multifamily 
dwellings. The Department also has received several questions 
concerning the types of new multifamily dwellings that are subject to 
the design and construction requirements of the Fair Housing Act.
    This document reproduces the questions that have been most 
frequently asked by members of the public, and the Department's answers 
to these questions. The Department believes that the issues addressed 
by these questions and answers may be of interest and assistance to 
other members of the public who must comply with the design and 
construction requirements of the Fair Housing Act.

EFFECTIVE DATE: June 28, 1994.

FOR FURTHER INFORMATION CONTACT: Judith Keeler, Director, Office of 
Program Compliance and Disability Rights. For technical questions 
regarding this notice, contact Office of Fair Housing and Equal 
Opportunity, room 5112, Department of Housing and Urban Development, 
451 Seventh Street, Washington, DC 20410, telephone 202-708-2618 
(voice), 202-708-1734 TTY; for copies of this notice contact the Fair 
Housing Information Clearinghouse at 1-800-795-7915 (this is a toll-
free number), or 1-800-483-2209 (this is a toll-free TTY number).

SUPPLEMENTARY INFORMATION:

Background

    The Fair Housing Amendments Act of 1988 (Pub.L. 100-430, approved 
September 13, 1988) (the Fair Housing Amendments Act) amended title 
VIII of the Civil Rights Act of 1968 (Fair Housing Act or Act) to add 
prohibitions against discrimination in housing on the basis of 
disability and familial status. The Fair Housing Amendments Act also 
made it unlawful to design and construct certain multifamily dwellings 
for first occupancy after March 13, 1991, in a manner that makes them 
inaccessible to persons with disabilities, and established design and 
construction requirements to make these dwellings readily accessible to 
and usable by persons with disabilities.1 Section 100.205 of the 
Department's regulations at 24 CFR part 100 implements the Fair Housing 
Act's design and construction requirements (also referred to as 
accessibility requirements).
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    \1\Although this notice uses the terms ``disability'' and 
``disabilities,'' the terms used in the Fair Housing Amendments Act 
are ``handicap'' and ``handicaps.''
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    On March 6, 1991 (56 FR 9472), the Department published final Fair 
Housing Accessibility Guidelines (Guidelines) to provide builders and 
developers with technical guidance on how to comply with the 
accessibility requirements of the Fair Housing Act. (The Guidelines are 
codified at 24 CFR Ch.I, Subch.A., App. II. The preamble to the 
Guidelines is codified at 24 CFR Ch.I, Subch.A., App.III.) The 
Guidelines are organized to follow the sequence of requirements as they 
are presented in the Fair Housing Act and in 24 CFR 100.205. The 
Guidelines provide technical guidance on the following seven 
requirements:

Requirement 1. Accessible building entrance on an accessible route.
Requirement 2. Accessible common and public use areas.
Requirement 3. Usable doors (usable by a person in a wheelchair).
Requirement 4. Accessible route into and through the dwelling unit.
Requirement 5. Light switches, electrical outlets, thermostats and 
other environmental controls in accessible locations.
Requirement 6. Reinforced walls for grab bars.
Requirement 7. Usable kitchens and bathrooms.

    The design specifications presented in the Guidelines are 
recommended guidelines only. Builders and developers may choose to 
depart from these guidelines and seek alternate ways to demonstrate 
that they have met the requirements of the Fair Housing Act. The Fair 
Housing Act and the Department's implementing regulation provides, for 
example, for use of the appropriate requirements of the ANSI A117.1 
standard. However, adherence to the Guidelines does constitute a safe 
harbor in the Department's administrative enforcement process for 
compliance with the Fair Housing Act's design and construction 
requirements.
    Since publication of the Guidelines, the Department has received 
many questions regarding applicability of the design specifications set 
forth in the Guidelines to certain types of new multifamily dwellings 
and to certain types of interior housing designs. The Department also 
has received several questions concerning the types of new multifamily 
dwellings that are subject to compliance with the design and 
construction requirements of the Fair Housing Act. Given the wide 
variety in the types of multifamily dwellings and the types of dwelling 
units, and the continual introduction into the housing market of new 
building and interior designs, it was not possible for the Department 
to prepare accessibility guidelines that would address every housing 
type or housing design. Although the Guidelines cannot address every 
housing design, it is the Department's intention to assist the public 
in complying with the design and construction requirements of the Fair 
Housing Act through workshops and seminars, telephone assistance, 
written replies to written inquiries, and through the publication of 
documents such as this one. The Department has contracted for the 
preparation of a design manual that will further explain and illustrate 
the Fair Housing Act Accessibility Guidelines.
    The questions and answers set forth in this notice address the 
issues most frequently raised by the public with respect to types of 
multifamily dwellings subject to the design and construction 
requirements of the Fair Housing Act, and the technical specifications 
contained in the Guidelines.
    The question and answer format is divided into two sections. 
Section 1, entitled ``Dwellings Subject to the New Construction 
Requirements of the Fair Housing Act'' addresses the issues raised in 
connection with the types of multifamily dwellings (including portions 
of such dwellings) constructed for first occupancy after March 13, 
1991, that must comply with the Act's design and construction 
requirements. Section 2, entitled ``Accessibility Guidelines,'' 
addresses the issues raised in connection with the design and 
construction specifications set forth in the Guidelines.

    Dated: March 23, 1994.
Roberta Achtenberg,
Assistant Secretary for Fair Housing and Equal Opportunity.

    Accordingly, the Department adds the ``Questions and Answers about 
the Fair Housing Accessibility Guidelines'' as Appendix IV to 24 CFR 
Chapter I, Subchapter A to read as follows:

Appendix IV to Subchapter A--Questions and Answers About the Fair 
Housing Accessibility Guidelines

Introduction

    On March 6, 1991 (56 FR 9472), the Department published final Fair 
Housing Accessibility Guidelines (Guidelines). (The Guidelines are 
codified at 24 CFR Ch. I, Subch. A, App. II.) The Guidelines provide 
builders and developers with technical guidance on how to comply with 
the accessibility requirements of the Fair Housing Amendments Act of 
1988 (Fair Housing Act) that are applicable to certain multifamily 
dwellings designed and constructed for first occupancy after March 13, 
1991. Since publication of the Guidelines, the Department has received 
many questions regarding the applicability of the technical 
specifications set forth in the Guidelines to certain types of new 
multifamily dwellings and certain types of units within covered 
multifamily dwellings. The Department also has received several 
questions concerning the types of new multifamily dwellings that are 
subject to the design and construction requirements of the Fair Housing 
Act.
    The questions and answers contained in this document address some 
of the issues most frequently raised by the public with respect to the 
types of multifamily dwellings subject to the design and construction 
requirements of the Fair Housing Act, and the technical specifications 
contained in the Guidelines.
    The issues addressed in this document are addressed only with 
respect to the application of the Fair Housing Act and the Guidelines 
to dwellings which are ``covered multifamily dwellings'' under the Fair 
Housing Act. Certain of these dwellings, as well as certain public and 
common use areas of such dwellings, may also be covered by various 
other laws, such as section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794); the Architectural Barriers Act of 1968 (42 U.S.C. 4151 
through 4157); and the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 through 12213).
    Section 504 applies to programs and activities receiving federal 
financial assistance. The Department's regulations for section 504 are 
found at 24 CFR part 8.
    The Architectural Barriers Act applies to certain buildings 
financed in whole or in part with federal funds. The Department's 
regulations for the Architectural Barriers Act are found at 24 CFR 
parts 40 and 41.
    The Americans with Disabilities Act (ADA) is a broad civil rights 
law guaranteeing equal opportunity for individuals with disabilities in 
employment, public accommodations, transportation, State and local 
government services, and telecommunications. The Department of Justice 
is the lead federal agency for implementation of the ADA and should be 
contacted for copies of relevant ADA regulations.
    The Department has received a number of questions regarding 
applicability of the ADA to residential housing, particularly with 
respect to title III of the ADA, which addresses accessibility 
requirements for public accommodations. The Department has been asked, 
in particular, if public and common use areas of residential housing 
are covered by title III of the ADA. Strictly residential facilities 
are not considered places of public accommodation and therefore would 
not be subject to title III of the ADA, nor would amenities provided 
for the exclusive use of residents and their guests. However, common 
areas that function as one of the ADA's twelve categories of places of 
public accommodation within residential facilities are considered 
places of public accommodation if they are open to persons other than 
residents and their guests. Rental offices and sales office for 
residential housing, for example, are by their nature open to the 
public, and are places of public accommodation and must comply with the 
ADA requirements in addition to all applicable requirements of the Fair 
Housing Act.
    As stated above, the remainder of this notice addresses issues most 
frequently raised by the public with respect to the types of 
multifamily dwellings subject to the design and construction 
requirements of the Fair Housing Act, and the technical specifications 
contained in the Guidelines.

Section 1: Dwellings Subject to the New Construction Requirements of 
the Fair Housing Act

    The issues addressed in this section concern the types of 
multifamily dwellings (or portions of such dwellings) designed and 
constructed for first occupancy after March 13, 1991 that must comply 
with the design and construction requirements of the Fair Housing Act.
1. Townhouses
    (a) Q. Are townhouses in non-elevator buildings which have 
individual exterior entrances required to be accessible?
    A. Yes, if they are single-story townhouses. If they are multistory 
townhouses, accessibility is not required. (See the discussion of 
townhouses in the preamble to the Guidelines under ``Section 2--
Definitions [Covered Multifamily Dwellings]'' at 56 FR 9481, March 6, 
1991, or 24 CFR Ch. I, Subch. A, App. III.)
    (b) Q. Does the Fair Housing Act cover four one-story dwelling 
units that share common walls and have individual entrances?
    A. Yes. The Fair Housing Act applies to all units in buildings 
consisting of four or more dwelling units if such buildings have one or 
more elevators; and ground floor dwelling units in other buildings 
consisting of four or more dwelling units. This would include one-story 
homes, sometimes called ``single-story townhouses,'' ``villas,'' or 
``patio apartments,'' regardless of ownership, even though such homes 
may not be considered multifamily dwellings under various building 
codes.
    (c) Q. What if the single-story dwelling units are separated by 
firewalls?
    A. The Fair Housing Act would still apply. The Guidelines define 
covered multifamily dwellings to include buildings having four or more 
units within a single structure separated by firewalls.
2. Commercial Space
    Q. If a building includes three residential dwelling units and one 
or more commercial spaces, is the building a ``covered multifamily 
dwelling'' under the Fair Housing Act?
    A. No. Covered multifamily dwellings are buildings consisting of 
four or more dwelling units, if such buildings have one or more 
elevators; and ground floor dwelling units in other buildings 
consisting of four or more dwelling units. Commercial space does not 
meet the definition of ``dwelling unit.'' Note, however, that title III 
of the ADA applies to public accommodations and commercial facilities, 
therefore an independent determination should be made regarding 
applicability of the ADA to the commercial space in such a building. 
(See the introduction to these questions and answers, which provides 
some background on the ADA.)
3. Condominiums
    (a) Q. Are condominiums covered by the Fair Housing Act?
    A. Yes. Condominiums in covered multifamily dwellings are covered 
by the Fair Housing Act. The Fair Housing Act makes no distinctions 
based on ownership.
    (b) Q. If a condominium is pre-sold as a shell and the interior is 
designed and constructed by the buyer, are the Guidelines applicable?
    A. Yes. The Fair Housing Act applies to design and construction of 
covered multifamily dwellings, regardless of whether the person doing 
the design and construction is an architect, builder, or private 
individual. (See discussion of condominiums in the preamble to 
Guidelines under ``Section 2--Definitions [Dwelling Units]'' at 56 FR 
9481, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)
4. Additions
    (a) Q. If an owner adds four or more dwelling units to an existing 
building, are those units covered by the Fair Housing Act?
    A. Yes, provided that the units constitute a new addition to the 
building and not substantial rehabilitation of existing units.
    (b) Q. What if new public and common use spaces are also being 
added?
    A. If new public and common use areas or buildings are also added, 
they are required to be accessible.
    (c) Q. If the only new construction is an addition consisting of 
four or more dwelling units, would the existing public and common use 
spaces have to be made accessible?
    A. No, existing public and common use areas would not have to be 
made accessible. The Fair Housing Act applies to new construction of 
covered multifamily dwellings. (See section 804(f)(3)(C)(i) of the 
Act.) Existing public and common use facilities are not newly 
constructed portions of covered multifamily dwellings. However, 
reasonable modifications to the existing public and common use areas to 
provide access would have to be allowed, and the Americans with 
Disabilities Act (ADA) may apply to certain public and common use 
areas. An independent determination should be made regarding 
applicability of the ADA. (See the introduction to these questions and 
answers, which provides some background on the ADA.)
5. Units Over Parking
    (a) Q. Plans for a three-story building consist of a common parking 
area with assigned stalls on grade as the first story, and two stories 
of single-story dwelling units stacked over the parking. All of the 
stories above the parking level are to be accessed by stairways. There 
are no elevators planned to be in the building. Would the first story 
of single-story dwelling units over the parking level be required to be 
accessible?
    A. Yes. The Guidelines adopt and amplify the definition of ``ground 
floor'' found in HUD's regulation implementing the Fair Housing Act 
(see 24 CFR 100.201) to indicate that ``* * * where the first floor 
containing dwelling units is above grade, all units on that floor must 
be served by a building entrance on an accessible route. This floor 
will be considered to be a ground floor.'' (See definition of ``ground 
floor'' in the Guidelines at 24 CFR Ch. I, Subch. A, App. II, Section 
2.) Where no dwelling units in a covered multifamily dwelling are 
located on grade, the first floor with dwelling units will be 
considered to be a ground floor, and must be served by a building 
entrance on an accessible route. However, the definition of ``ground 
floor'' does not require that there be more than one ground floor.
    (b) Q. If a building design contains a mix of single-story flats on 
grade and single-story flats located above grade over a public parking 
area, do the flats over the parking area have to be accessible?
    A. No. In the example in the above question, because some single-
story flats are situated on grade, these flats would be the ground 
floor dwelling units and would be required to be accessible. The 
definition of ground floor in the Guidelines states, in part, that 
``ground floor means a floor of a building with a building entrance on 
an accessible route. A building may have one or more ground floors * * 
*.'' Thus, the definition includes situations where the design plan is 
such that more than one floor of a building may be accessed by means of 
an accessible route (for an example, see Question 6, which follows). 
There is no requirement in the Department's regulations implementing 
the Fair Housing Act that there be more than one ground floor.
6. More Than One Ground Floor
    Q. If a two or three story building is to be constructed on a 
slope, such that the lowest story can be accessed on grade on one side 
of the building and the second story can be accessed on grade on the 
other side of the building, do the dwelling units on both the first and 
second stories have to be made accessible?
    A. Yes. By defining ``ground floor'' to be any floor of a building 
with an accessible entrance on an accessible route, the Fair Housing 
Act regulations recognize that certain buildings, based on the site and 
the design plan, have more than one story which can be accessed at or 
near grade. In such cases, if more than one story can be designed to 
have an accessible entrance on an accessible route, then all such 
stories should be so designed. Each story becomes a ground floor and 
the dwelling units on that story must meet the accessibility 
requirements of the Act. (See the discussion on this issue in Question 
12 of this document.)
7. Continuing Care Facilities
    Q. Do the new construction requirements of the Fair Housing Act 
apply to continuing care facilities which incorporate housing, health 
care and other types of services?
    A. The new construction requirements of the Fair Housing Act would 
apply to continuing care facilities if the facility includes at least 
one building with four or more dwelling units. Whether a facility is a 
``dwelling'' under the Act depends on whether the facility is to be 
used as a residence for more than a brief period of time. As a result, 
the operation of each continuing care facility must be examined on a 
case-by-case basis to determine whether it contains dwellings. Factors 
that the Department will consider in making such an examination 
include, but are not limited to: (1) the length of time persons stay in 
the project; (2) whether policies are in effect at the project that are 
designed and intended to encourage or discourage occupants from forming 
an expectation and intent to continue to occupy space at the project; 
and (3) the nature of the services provided by or at the project.
8. Evidence of First Occupancy
    Q. The Fair Housing Act applies to covered multifamily dwellings 
built for first occupancy after March 13, 1991. What is acceptable 
evidence of ``first occupancy''?
    A. The determination of first occupancy is made on a building by 
building basis. The Fair Housing Act regulations provide that ``covered 
multifamily dwellings shall be deemed to be designed and constructed 
for first occupancy on or before March 13, 1991 (and therefore exempt 
from the Act's accessibility requirements) if they are occupied by that 
date or if the last building permit or renewal thereof for the covered 
multifamily dwellings is issued by a State, county or local government 
on or before June 15, 1990.''
    For buildings that did not obtain the final building permit on or 
before June 15, 1990, proof of the date of first occupancy consists of 
(1) a certificate of occupancy, and (2) a showing that at least one 
dwelling unit in the building actually was occupied by March 13, 1991. 
For example, a tenant has signed a lease and has taken possession of a 
unit. The tenant need not have moved into the unit, but the tenant must 
have taken possession so that, if desired, he or she could have moved 
into the building by March 13, 1991. For dwelling units that were for 
sale, this means that the new owner had completed settlement and taken 
possession of the dwelling unit by March 13, 1991. Once again, the new 
owner need not have moved in, but the owner must have been in 
possession of the unit and able to move in, if desired, on or before 
March 13, 1991. A certificate of occupancy alone would not be an 
acceptable means of establishing first occupancy, and units offered for 
sale, but not sold, would not meet the test for first occupancy.
9. Converted Buildings
    Q. If a building was used previously for a nonresidential purpose, 
such as a warehouse, office building, or school, and is being converted 
to a multifamily dwelling, must the building meet the requirements of 
the Fair Housing Act?
    A. No, the Fair Housing Act applies to ``covered multifamily 
dwellings for first occupancy after'' March 13, 1991, and the Fair 
Housing Act regulation defines ``first occupancy'' as ``a building that 
has never before been used for any purpose.'' (See 24 CFR 100.201, for 
the definition of ``first occupancy,'' and also 24 CFR Ch. I, Subch. A, 
App. I.)

Section 2: Accessibility Guidelines

    The issues addressed in this section concern the technical 
specifications set forth in the Fair Housing Accessibility Guidelines.

Requirement 1--Accessible Entrance on an Accessible Route

10. Accessible Routes to Garages
    (a) Q. Is it necessary to have an accessible path of travel from a 
subterranean garage to single-story covered multifamily dwellings built 
on top of the garage?
    A. Yes. The Fair Housing Act requires that there be an accessible 
building entrance on an accessible route. To satisfy Requirement 1 of 
the Guidelines, there would have to be an accessible route leading to 
grade level entrances serving the single-story dwelling units from a 
public street or sidewalk or other pedestrian arrival point. The below 
grade parking garage is a public and common use facility. Therefore, 
there must also be an accessible route from this parking area to the 
covered dwelling units. This may be provided either by a properly 
sloped ramp leading from the below grade parking to grade level, or by 
means of an elevator from the parking garage to the dwelling units.
    (b) Q. Does the route leading from inside a private attached garage 
to the dwelling unit have to be accessible?
    A. No. Under Requirement 1 of the Guidelines, there must be an 
accessible entrance to the dwelling unit on an accessible route. 
However, this route and entrance need not originate inside the garage. 
Most units with attached garages have a separate main entry, and this 
would be the entrance required to be accessible. Thus, if there were 
one or two steps inside the garage leading into the unit, there would 
be no requirement to put a ramp in place of the steps. However, the 
door connecting the garage and dwelling unit would have to meet the 
requirements for usable doors.
11. Site Impracticality Tests
    (a) Q. Under the individual building test, how is the second step 
of the test performed, which involves measuring the slope of the 
finished grade between the entrance and applicable arrival points?
    A. The slope is measured at ground level from the entrance to the 
top of the pavement of all vehicular and pedestrian arrival points 
within 50 feet of the planned entrance, or, if there are none within 50 
feet, the vehicular or pedestrian arrival point closest to the planned 
entrance.
    (b) Q. Under the individual building test, at what point of the 
planned entrance is the measurement taken?
    A. On a horizontal plane, the center of each individual doorway 
should be the point of measurement when measuring to an arrival point, 
whether the doorway is an entrance door to the building or an entrance 
door to a unit.
    (c) Q. The site analysis test calls for a calculation of the 
percentage of the buildable areas having slopes of less than 10 
percent. What is the definition of ``buildable areas''?
    A. The ``buildable area'' is any area of the lot or site where a 
building can be located in compliance with applicable codes and zoning 
regulations.
12. Second Ground Floors
    (a) Q. The Department's regulation for the Fair Housing Act 
provides that there can be more than one ground floor in a covered 
multifamily dwelling (such as a three-story building built on a slope 
with three stories at and above grade in front and two stories at grade 
in back). How is the individual building test performed for additional 
stories, to determine if those stories must also be treated as ``ground 
floors''?
    A. For purposes of determining whether a non-elevator building has 
more than one ground floor, the point of measurement for additional 
ground floors, after the first ground floor has been established, is at 
the center of the entrance (building entrance for buildings with one or 
more common entrance and each dwelling unit entrance for buildings with 
separate ground floor unit entrances) at floor level for that story.
    (b) Q. What happens if a builder deliberately manipulates the grade 
so that a second story, which also might have been treated as a ground 
floor, requires steps?
    A. Deliberate manipulation of the height of the finished floor 
level to avoid the requirements of the Fair Housing Act would serve as 
a basis for the Department to determine that there is reasonable cause 
to believe that a discriminatory housing practice has occurred.

Requirement 2--Public and Common Use Areas

13. No Covered Dwellings
    Q. Are the public and common use areas of a newly constructed 
development that consists entirely of buildings having four or more 
multistory townhouses, with no elevators, required to be accessible?
    A. No. The Fair Housing Act applies only to new construction of 
covered multifamily dwellings. Multistory townhouses, provided that 
they meet the definition of ``multistory'' in the Guidelines, are not 
covered multifamily dwellings if the building does not have an 
elevator. (See discussion of townhouses in the preamble to the 
Guidelines under ``Section 2--Definitions [Covered Multifamily 
Dwellings]'' at 56 FR 9481, March 6, 1991, or 24 CFR Ch. I, Subch. A, 
App. III.) If there are no covered multifamily dwellings on a site, 
then the public and common use areas of the site are not required to be 
accessible. However, the Americans with Disabilities Act (ADA) may 
apply to certain public and common use areas. Again, an independent 
determination should be made regarding applicability of the ADA. (See 
the introduction to these questions and answers, which provides some 
background on the ADA.)
14. Parking Spaces and Garages
    (a) Q. How many resident parking spaces must be made accessible at 
the time of construction?
    A. The Guidelines provide that a minimum of two percent of the 
parking spaces serving covered dwelling units be made accessible and 
located on an accessible route to wheelchair users. Also, if a resident 
requests an accessible space, additional accessible parking spaces 
would be necessary if the two percent are already reserved.
    (b) Q. If both open and covered parking spaces are provided, how 
many of each type must be accessible?
    A. The Guidelines require that accessible parking be provided for 
residents with disabilities on the same terms and with the full range 
of choices, e.g., surface parking or garage, that are provided for 
other residents of the project. Thus, if a project provides different 
types of parking such as surface parking, garage, or covered spaces, 
some of each must be made accessible. While the total parking spaces 
required to be accessible is only two percent, at least one space for 
each type of parking should be made accessible even if this number 
exceeds two percent.
    (c) Q. If a project having covered multifamily dwellings provides 
parking garages where there are several individual garages grouped 
together either in a separate area of the building (such as at one end 
of the building, or in a detached building), for assignment or rental 
to residents, are there any requirements for the inside dimensions of 
these individual parking garages?
    A. Yes. These garages would be public and common use space, even 
though the individual garages may be assigned to a particular dwelling 
unit. Therefore, at least two percent of the garages should be at least 
14' 2'' wide and the vehicular door should be at least 10'-0'' wide.
    (d) Q. If a covered multifamily dwelling has a below grade common 
use parking garage, is there a requirement for a vertical clearance to 
allow vans to park?
    A. This issue was addressed in the preamble to the Guidelines, but 
continues to be a frequently asked question. (See the preamble to the 
Guidelines under the discussion of ``Section 5--Guidelines for 
Requirement 2'' at 56 FR 9486, March 6, 1991, or 24 CFR Ch. I, Subch. 
A, App. III.) In response to comments from the public that the 
Guidelines for parking specify minimum vertical clearance for garage 
parking, the Department responded:

    No national accessibility standards, including UFAS, require 
particular vertical clearances in parking garages. The Department 
did not consider it appropriate to exceed commonly accepted 
standards by including a minimum vertical clearance in the Fair 
Housing Accessibility Guidelines, in view of the minimal 
accessibility requirements of the Fair Housing Act.

    Since the Guidelines refer to ANSI A117.1 1986 for the standards to 
follow for public and common use areas, and since the ANSI does not 
include a vertical clearance for garage parking, the Guidelines 
likewise do not. (Note: UFAS is the Uniform Federal Accessibility 
Standard.)
15. Public Telephones
    Q. If a covered multifamily dwelling has public telephones in the 
lobby, what are the requirements for accessibility for these 
telephones?
    A. The requirements governing public telephones are found in Item 
#14, ``Common use spaces and facilities,'' in the chart under 
Requirement 2 of the Guidelines. While the chart does not address the 
quantity of accessible public telephones, at a minimum, at least one 
accessible telephone per bank of telephones would be required. The 
specifications at ANSI 4.29 would apply.

Requirement 3--Usable Doors

16. Required Width
    Q. Will a standard hung 32-inch door provide sufficient clear width 
to meet the requirements of the Fair Housing Act?
    A. No, a 32-inch door would not provide a sufficient clear opening 
to meet the requirement for usable doors. A notation in the Guidelines 
for Requirement 3 indicates that a 34-inch door, hung in the standard 
manner, provides an acceptable nominal 32-inch clear opening.
17. Maneuvering Clearances and Hardware
    Q. Is it correct that only the exterior side of the main entry door 
of covered multifamily dwellings must meet the ANSI requirements?
    A. Yes. The exterior side of the main entry door is part of the 
public and common use areas and therefore must meet ANSI A117.1 1986 
specifications for doors. These specifications include necessary 
maneuvering clearances and accessible door hardware. The interior of 
the main entry door is part of the dwelling unit and only needs to meet 
the requirements for usable doors within the dwelling intended for user 
passage, i.e., at least 32 inches nominal clear width, with no 
requirements for maneuvering clearances and hardware. (See 56 FR 9487-
9488, March 6, 1991, or 24 CFR Ch. I, Subch. A, App. III.)
18. Doors to Inaccessible Areas
    Q. Is it necessary to provide usable doors when the door leads to 
an area of the dwelling that is not accessible, such as the door 
leading down to an unfinished basement, or the door connecting a 
single-story dwelling with an attached garage? (In the latter case, 
there is a separate entrance door to the unit which is accessible.)
    A. Yes. Within the dwelling unit, doors intended for user passage 
through the unit must meet the requirements for usable doors. Such 
doors would have to provide at least 32 inches nominal clear width when 
the door is open 90 degrees, measured between the face of the door and 
the stop. This will ensure that, if a wheelchair user occupying the 
dwelling unit chooses to modify the unit to provide accessibility to 
these areas, such as installing a ramp from the dwelling unit into the 
garage, the door will be sufficiently wide to allow passage. It also 
will allow passage for people using walkers or crutches.

Requirement 4--Accessible Route Into and Through the Unit

19. Sliding Door
    Q. If a sliding door track has a threshold of \3/4\'', does this 
trigger requirements for ramps?
    A. No. The Guidelines at Requirement 4 provide that thresholds at 
doors, including sliding door tracks, may be no higher than \3/4\'' and 
must be beveled with a slope no greater than 1:2.
20. Private Attached Garages
    (a) Q. If a covered multifamily dwelling has an individual, private 
garage which is attached to and serves only that dwelling, does the 
garage have to be accessible in terms of width and length?
    A. Garages attached to and which serve only one covered multifamily 
dwelling are part of that dwelling unit, and are not covered by 
Requirement 2 of the Guidelines, which addresses accessible and usable 
public and common use space. Because such individual garages attached 
to and serving only one covered multifamily dwelling typically are not 
finished living space, the garage is not required to be accessible in 
terms of width or length. The answer to this question should be 
distinguished from the answer to Question 14(c). Question 14(c) 
addresses parking garages where there are several garages or stalls 
located together, either in a separate, detached building, or in a 
central area of the building, such as at one end. These types of 
garages are not attached to, and do not serve, only one unit and are 
therefore considered public and common use garages.
21. Split-Level Entry
    Q. Is a dwelling unit that has a split entry foyer, with the foyer 
and living room on an accessible route and the remainder of the unit 
down two steps, required to be accessible if it is a ground floor unit 
in a covered multifamily dwelling?
    A. Yes. Under Requirement 4, there must be an accessible route into 
and through the dwelling unit. This would preclude a split level foyer, 
unless a properly sloped ramp can be provided.

Requirement 5--Environmental Controls

22. Range Hood Fans
    Q. Must the switches on range hood kitchen ventilation fans be in 
accessible locations?
    A. No. Kitchen ventilation fans located on a range hood are 
considered to be part of the appliance. The Fair Housing Act has no 
requirements for appliances in the interiors of dwelling units, or the 
switches that operate them. (See ``Guidelines for Requirement 5'' and 
``Controls for Ranges and Cooktops'' at 56 FR 9490 and 9492, March 6, 
1991, or 24 CFR Ch. I, Subch. A, App. III.)

Requirement 6--Reinforced Walls for Grab Bars

23. Type of Reinforcement
    Q. What type of reinforcement should be used to reinforce bathroom 
walls for the later installation of grab bars?
    A. The Guidelines do not prescribe the type of material to use or 
method of providing reinforcement for bathroom walls. The Guidelines 
recognize that grab bar reinforcing may be accomplished in a variety of 
ways, such as by providing plywood panels in the areas illustrated in 
the Guidelines under Requirement 6, or by installing vertical 
reinforcement in the form of double studs at the points noted on the 
figures in the Guidelines. The builder/owners should maintain records 
that reflect the placement of the reinforcing material, for later 
reference by a resident who wishes to install a grab bar.
24. Type of Grab Bar
    Q. What types of grab bars should the reinforcement be designed to 
accommodate and what types may be used if the builder elects to install 
grab bars in some units at the time of construction?
    A. The Guidelines do not prescribe the type of product for grab 
bars, or the structural strength for grab bars. The Guidelines only 
state that the necessary reinforcement must be placed ``so as to permit 
later installation of appropriate grab bars.'' (Emphasis added.) In 
determining what is an appropriate grab bar, builders are encouraged to 
look to the 1986 ANSI A117.1 standard, the standard cited in the Fair 
Housing Act. Builders also may follow State or local standards in 
planning for or selecting appropriate grab bars.

Requirement 7--Usable Kitchens and Bathrooms

25. Counters and Vanities
    Q. It appears from Figure 2(c) of the Guidelines (under Requirement 
5) that there is a 34 inch height requirement for kitchen counters and 
vanities. Is this true?
    A. No. Requirement 7 addresses the requirement for usable kitchens 
and bathrooms so that a person in a wheelchair can maneuver about the 
space. The legislative history of the Fair Housing Act makes it clear 
that the Congress intended that the Act affect ability to maneuver 
within the space of the kitchen and bathroom, but not to require 
fixtures, cabinetry or plumbing of adjustable design. Figure 2(c) of 
the Guidelines is illustrating the maximum side reach range over an 
obstruction. Because the picture was taken directly from the ANSI 
A117.1 1986 standard, the diagram also shows the height of the 
obstruction, which, in this picture, is a countertop. This 34 inch 
height, however, should not be regarded as a requirement.
26. Showers
    Q. Is a parallel approach required at the shower, as shown in 
Figure 7(d) of the Guidelines?
    A. Yes. For a 36'' x 36'' shower, as shown in Figure 7(d), a person 
in a wheelchair would typically add a wall hung seat. Thus the parallel 
approach as shown in Figure 7(d) is essential in order to be able to 
transfer from the wheelchair to the shower seat.
27. Tub Controls
    Q. Do the Guidelines set any requirements for the type or location 
of bathtub controls?
    A. No, except where the specifications in Requirement 7(2)(b) are 
used. In that case, while the type of control is not specified, the 
control must be located as shown in Figure 8 of the Guidelines.
28. Paragraph (b) Bathrooms
    Q. If an architect or builder chooses to follow the bathroom 
specifications in Requirement 7, Guideline 2, paragraph (b), where at 
least one bathroom is designed to comply with the provisions of 
paragraph (b), are the other bathrooms in the dwelling unit required to 
have reinforced walls for grab bars?
    A. Yes. Requirement 6 of the Guidelines requires reinforced walls 
in bathrooms for later installation of grab bars. Even though 
Requirement 6 was not repeated under Requirement 7--Guideline 2, it is 
a separate requirement which must be met in all bathrooms. The same 
would be true for other Requirements in the Guidelines, such as 
Requirement 5, which applies to usable light switches, electrical 
outlets, thermostats and other environmental controls; Requirement 4 
for accessible route; and Requirement 3 for usable doors.
29. Bathroom Clear Floor Space
    Q. Is it acceptable to design a bathroom with an in-swinging 2'10'' 
door which can be retrofitted to swing out in order to provide the 
necessary clear floor space in the bathroom?
    A. No. The requirements in the Guidelines must be included at the 
time of construction. Thus, for a bathroom, there must be sufficient 
maneuvering space and clear floor space so that a person using a 
wheelchair or other mobility aid can enter and close the door, use the 
fixtures and exit.
30. Lavatories
    Q. Would it be acceptable to use removable base cabinets beneath a 
wall-hung lavatory where a parallel approach is not possible?
    A. Yes. The space under and around the cabinet should be finished 
prior to installation. For example, the tile or other floor finish must 
extend under the removable base cabinet.
31. Wing Walls
    Q. Can a water closet (toilet) be located in an alcove with a wing 
wall?
    A. Yes, as long as the necessary clear floor space shown in Figure 
7(a) is provided. This would mean that the wing wall could not extend 
beyond the front edge of a lavatory located on the other side of the 
wall from the water closet.
32. Penalties
    Q. What types of penalties or monetary damages will be assessed if 
covered multifamily dwellings are found not to be in compliance with 
the Fair Housing Act?
    A. Under the Fair Housing Act, if an administrative law judge finds 
that a respondent has engaged in or is about to engage in a 
discriminatory housing practice, the administrative law judge will 
order appropriate relief. Such relief may include actual and 
compensatory damages, injunctive or other equitable relief, attorney's 
fees and costs, and may also include civil penalties ranging from 
$10,000 for the first offense to $50,000 for repeated offenses. In 
addition, in the case of buildings which have been completed, 
structural changes could be ordered, and an escrow fund might be 
required to finance future changes.
    Further, a Federal district court judge can order similar relief 
plus punitive damages as well as civil penalties for up to $100,000 in 
an action brought by a private individual or by the U.S. Department of 
Justice.

[FR Doc. 94-15501 Filed 6-27-94; 8:45 am]
BILLING CODE 4210-28-P