![]() Under Section 504, the landlord is responsible for paying for reasonable modifications and making reasonable accommodations at their own expense. But I want to acknowledge that housing provided by federal, state, or local governments or that receives government funding for design and construction is likely subject to Section 504 of the Rehabilitation Act of 1973 and the FHAA. This blog is about private-sector housing. ![]() JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT.JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE: REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT.Here is more information on how the FHAA covers reasonable modifications and accommodations: When there is a cost, the landlord must absorb it themselves. Reasonable accommodations rarely cost the landlord money. The FHAA also requires landlords to make “reasonable accommodations” in their rules, policies, practices, or services to avoid discrimination on the basis of disability. Depending on your agreement with the landlord, you may also have to pay to remove added accessibility features you move, which may require an escrow account. The FHAA requires the tenant to pay for accessibility modifications to the physical environment in fair-market housing. This means the rents are unsubsidized or fair-market, and the buildings are designed and built without government funds or other support. Most housing is found in the private sector. But, while all doors are wide enough for most wheelchair users, there is no requirement for maneuvering space at interior doors other than the unit entry. There is an expectation that you can use a kitchen or bathroom sink from a side approach or change it to suit your needs. ![]() And sometimes, plumbing fixtures may need to be changed or the walls moved. You may need to re-swing the door into a hallway so you can enter, turn around and close the door for privacy. But they usually are not accessible to people with severe mobility disabilities without modifications, which are sometimes very costly.įor example, Type B apartments need not provide a turning space in the bathroom. Type B dwelling units built to today’s building codes meet or exceed the requirements of the FHAA. FHAA-accessible is far from actually-accessible While a few jurisdictions increased the number of Type A units required to as much as 15%, some states, like Maryland, eliminated Type A units altogether. This change made it even harder to find a move-in-ready unit. Most state or local building codes reduced the number of Type A units to 2% and only for buildings with 20 or more units. Their solution was to require all apartments in buildings with four or more units to be designed and constructed per FHAA design and construction criteria (Type B units). However, building owners and people with disabilities complained that there were so few accessible units that it was difficult to match apartment hunters with available units. Prior to the FHAA, many states required 5% of apartment units to be mobility accessible (Type A). It also revolutionized the way accessibility was built-in to residential buildings. The FHAA protected individuals with disabilities from housing discrimination under U.S. ![]() The category “Type B dwelling unit” was created in building codes in response to the minimal design and construction requirements of the 1988 Fair Housing Amendments Act. “Type B dwelling units,” less accessible and far more common, are another story altogether. And there may be removable base cabinets under the kitchen and bath sinks. But some features, such as bathroom grab bars, may not yet be installed. All the spaces, fixtures, and doorways are accessible. The most accessible unit type in non-subsidized housing is a “Type A dwelling unit.” This unit type is just about move-in ready. Answer: Most state and local building codes contain requirements for two different types of wheelchair “accessible” apartment units. But it is government subsidized, and my income is too high for me to qualify. I found one with grab bars and enough space to turn around in the bathroom. Most of the apartments I’m being shown are barely accessible. Can someone explain what accessibility means in terms of apartment buildings? Question: I’m looking for a new accessible apartment and am confused. Do you have a question for Marsha? Reply to our United Spinal newsletter, and we’ll forward your query.Our ADA (and Fair Housing) expert Marsha Mazz is here to help!.And what makes an apartment accessible anyway?.But aren’t new apartments supposed to be accessible under a gazillion anti-discrimination laws?.It’s hard to find a nice apartment right now and even more difficult to find an accessible one.
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