The 10 Most Common Accessibility Pitfalls & How to Avoid Them
Root out potential accessibility violations while you still have time to resolve them.
Nearly one in five of all U.S. households includes a person with a mobility-related or other disability that impairs their ability to access or use the home, according to 2019 American Housing Survey data. That’s why the federal government has adopted laws requiring housing providers to make their properties accessible to the disabled. Landlords that fail to meet accessibility standards run the risk of massive liability, including retrofits costing millions of dollars.
Unfortunately, complying with accessibility standards isn’t as simple as it sounds. “I’ve been to over 1,000 multifamily properties and have yet to find one that’s 100 percent compliant,” notes veteran accessibility compliance consultant Greg Proctor. One problem is a false sense of complacency. “Landlords generally assume that if they weren’t in compliance, their building inspector, architect, or a government official would let them know,” he says. But that’s a false assumption. “If your property does have accessibility problems, addressing them proactively is far more cost-effective than discovering them from a lawsuit.”
This month’s lesson is dedicated to helping you root out potential accessibility violations while you still have time to resolve them. First, we’ll explain the different accessibility laws that may apply to your property and the eight basic design standards they require you to meet. Then, we’ll point out 10 of the most common accessibility pitfalls and how to avoid them. At the end of the lesson, you can take the Coach’s Quiz to see how much you’ve learned.
WHAT DOES THE LAW SAY?
“Accessible housing” means housing that’s designed or modified to enable persons with disabilities to live independently. Note that the terms “accessibility” and “usability,” although often used interchangeably, have subtle but significant differences. In the housing context:
Accessibility refers to design features that enable people with disabilities to easily access and use a space, such as wide doorways and lowered countertops.
Usability refers to space that’s easy and intuitive for people with and without disabilities to use in terms layout, lighting, and the functionality of everyday features.
There are three different federal laws that require providers of multifamily housing to make their properties accessible.
1. The Fair Housing Act
The federal Fair Housing Act (FHA) bans landlords from discriminating against persons with disabilities. Part of avoiding disability discrimination is ensuring that the housing you provide is accessible—that is, that it meets certain design and construction standards (FHA Design Rules) established by the U.S. Department of Housing and Urban Development (HUD) to ensure the property is accessible to those with disabilities, especially mobility-impaired persons in wheelchairs.
You’re subject to FHA accessibility rules if your multifamily property (“dwelling”) has more than four “dwelling units” and was constructed for first use after March 13, 1991.
The rules cover all public and common-use areas in the dwellings, as well as all dwelling units, if the dwelling has an elevator. In buildings without an elevator, the standards apply only to ground-floor units. A dwelling unit includes:
- A single-family unit in buildings with four or more units;
- An apartment; and
- A room in which people sleep even if they share kitchens or bathrooms, like transitional housing.
The rules don’t apply to:
- Detached single-family houses;
- Duplexes or triplexes; and
- Multistory townhouses.
Failure to comply with FHA Design Rules is a form of disability discrimination that can result in significant penalties under the law.
Example: The U.S. Department of Justice (DOJ) sued the owners of 50 apartment communities in six states and the District of Columbia for constructing dwellings that contained significant barriers inhibiting access to the units and common areas, including routes to building entrances with steps and excessive slopes. The DOJ also contended that the interiors of units were inaccessible to wheelchair users, as thermostats were placed too high for their reach and there was a lack of clearance space in kitchens and bathrooms.
Rather than risk a trial, the defendants agreed to settle the case for $11.3 million, including $11.125 million to retrofit the properties and $175,000 to compensate victims [U.S. v. Mid-America Apartment Communities, Inc., Civil Action No. 1:10-cv-01866-RJL (D.D.C.), Nov. 16, 2018].
2. ADA
The Americans with Disabilities Act (ADA) is a broad civil rights law guaranteeing equal opportunity for individuals with disabilities in different aspects of public life, including “public accommodations,” such as restaurants, hotels, stores, doctors’ offices, and theaters. The ADA requires owners of public accommodations to ensure that the disabled have equal opportunity in their establishments, in terms of both physical access and the enjoyment of services.
Technically, the individual private units of a multifamily dwelling aren’t deemed “public accommodations.” However, parts of the community that are made available to the public are, including the leasing/management office, and thus they are subject to the ADA.
Example: The DOJ sued a Texas landlord for ADA violations in its leasing office, including lack of accessible parking, doorways that were too narrow for a wheelchair, and inaccessible knob hardware. The result was a settlement requiring the landlord to construct a whole new accessible leasing office and pay $75,000 to victims [U.S. v. TFT Galveston Portfolio LTD (S.D. Tex.), Dec. 6, 2019].
Proctor adds that “public accommodations” also include any amenity or part of the property that’s open to the general public. “The best example of this would be where a landlord leases out a multifamily property’s community center to someone for a fee,” he says.
3. Section 504
Section 504 of the Rehabilitation Act bans discrimination against a person with a disability in carrying out a program or activity that receives federal assistance, including public housing, Section 8, and other HUD-assisted housing programs. Section 504 requires that a minimum of 5 percent of the units in newly constructed multifamily housing be fully accessible—that is, located on an accessible route and that can be approached, entered, and used by individuals with physical disabilities. Section 504 also requires federally assisted landlords to make an additional 2 percent of their units accessible to persons with visual and hearing impairments.
State & Local Accessibility Laws
In addition to the three federal laws, landlords may have to meet accessibility requirements under state or local building codes to get a building permit. These accessibility rules may be more or less strict than federal requirements. Accordingly, complying with state and local codes doesn’t automatically ensure compliance with the FHA, ADA, or Section 504. “Builders, architects, and others should not assume that compliance with state or local codes means compliance with federal access standards,” HUD warns in Guidance that it issued in 2013 and which remains just as valid today.
Bottom line: Landlords, architects, builders, and other involved in the design and construction must be aware of and ensure that the building meets all accessibility laws that apply. If the rules are contradictory, HUD says you should follow whichever requirements provide for the greatest accessibility.
IN A NUTSHELL
These are the key points you should take away from the above legal analysis:
- The FHA applies to all multifamily properties of five or more units built after March 1991;
- Section 504 applies to all HUD-assisted properties;
- The ADA applies to the property as well if there’s a leasing office or other amenity open to the general public; and
- You must also comply with state and local accessibility requirements.
THE 8 STANDARDS OF ACCESSIBILITY
Now let’s get into the physical aspects of accessibility. To be deemed accessible under federal law, covered multifamily dwellings must meet the FHA Design Rules we referred to above.
Under the FHA Design Rules, multifamily properties, a.k.a. “dwellings” constructed on or after March 13, 1991, must have the following seven features to be deemed accessible:
- An accessible entrance on an accessible route;
- Accessible and usable common- and public-use areas;
- Doors sufficiently wide to accommodate wheelchairs;
- Accessible routes into and through each dwelling;
- Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
- Reinforcements in bathroom walls to allow later installation of grab bars; and
- Usable kitchens and bathrooms such that an individual using a wheelchair can maneuver about and use the space.
Takeaway: Following FHA rules generally ensures compliance with all federal accessibility rules.
Although they were developed for the FHA, the FHA Design Rules also apply to multifamily dwellings covered by Section 504 and the ADA, with one significant exception: Properties or parts of properties that are deemed “public accommodations” covered by the ADA must also furnish van-accessible parking spaces. Bottom Line: If you’re subject to the ADA, design and construction must meet eight requirements—namely, the seven FHA Design Rules plus the ADA van accessibility parking rules.
Voluntary standards & safe harbors. The combined eight FHA and ADA design requirements that we just outlined are the minimum standards landlords must meet to ensure accessibility. You should also be aware that there are other national standards of accessibility that go beyond the federal requirements. These stricter and more extensive standards come not from HUD but nongovernment organizations like the American National Standards Institute (ANSI) and International Code Council (ICC). While the ANSI and other nongovernment standards are voluntary, HUD has acknowledged that complying with certain of the standards is equivalent to complying with federal requirements.
DEEP DIVE:
The FHA Safe Harbors
HUD has recognized eight voluntary standards as “safe harbors” for FHA compliance. Translation: Complying with any of the eight standards, in combination with the FHA Design Rules and HUD’s Design Manual meets the landlord’s duty to ensure accessibility under the FHA:
- ANSI A117.1 (1986);
- CABO/ANSI A117.1 (1992);
- ICC/ANSI A117.1 (1998);
- ICC/ANSI A117.1 (2003);
- Code Requirements for Housing Accessibility 2000 (ICC/CRHA);
- IBC 2000 with 2001 Supplement 9;
- IBC 2003; and
- IBC 2006.
THE 10 ACCESSIBILITY PITFALLS
While the eight accessibility rules provide the general framework for compliance, the devil is in the details. Accessibility is often measured in inches. So, achieving it requires careful attention to detail and an understanding of accessible design principles. One effective way to put these notions into action is to make a conscious effort to identify and correct the common mistakes that are most likely to expose landlords to liability for accessibility violations.
Pitfall #1. Unsuitable (or Lack of) Access Ramps at Building Entrances
The first FHA Design Rule is that multifamily dwellings have at least one accessible building entrance on an accessible route, unless it’s impractical to provide one because of the terrain or unusual characteristics of the site. Rule of thumb: Individuals with disabilities must be able to enter the building through the same entrance used by everyone else and not have to use a special or separate entrance.
Pitfall: Entries that require the use of steps may not be accessible to the mobility-impaired. Access ramps also run afoul of FHA Design Rules if they’re too steep for a person in a wheelchair to use safely.
Solution: Ensure that the slopes of entrance walks don’t exceed 1:20—that is, one inch of rise for every 20 inches of run, or length. Or, if slopes do exceed 1:20, ensure the walks are designed as ramps that have:
- Slopes no steeper than 1:12;
- Railings on both sides;
- Edge protection; and
- Appropriate size landings at the top and bottom.
Pitfall #2. No Connection Between Building Entrance & Parking Areas
Pitfall: Lack of a suitable connection between the building entrance and the parking lot and other pedestrian arrival areas.
Solution: Ensure that entrance walks connect the building entrance with and provide an accessible route to pedestrian arrival points. An accessible route means a continuous, unobstructed path connecting accessible elements and spaces within a building or site that a person with a severe disability using a wheelchair can negotiate and that’s also safe for and usable by people with other disabilities. Such routes should also generally be separate from roads or driveways, a safety principle that applies to all persons regardless of whether they have disabilities.
Pitfall #3. Inaccessible Curb Ramps
The second of the seven FHA Design Rules is that the public and common use areas of multifamily dwelling be readily accessible to and usable by people with disabilities. Such areas include rental and management offices, model units, parking lots, storage areas, indoor and outdoor recreational areas, lobbies, mailrooms and mailboxes, and laundry areas. Bottom line: There should be an accessible route between these areas and the dwelling units.
Pitfall: Use of curb ramps that hinder access to common and public areas because:
- They’re too steep;
- They have steep flared edges; or
- They must be accessed from heavily trafficked areas.
Solution: Ensure that curb ramps have four key features:
- Running slopes that don’t exceed 1:12;
- A total vertical rise that doesn’t exceed 6 inches (unless handrails are provided);
- A width of at least 36 inches; and
- Side flares that are sloped 1:10 or less and sometimes 1:12 or less, depending on the design of adjacent sidewalks.
Pitfall #4. Failure to Provide Accessible Parking
Accessibility to common and public areas includes accessible parking to the extent that parking is provided. In other words, if you do provide parking, you must ensure that some of those spaces are accessible to the disabled.
Pitfall: Failure to provide accessible parking spaces in the parking lots of leasing offices, model units, swimming pools, tennis courts, clubhouses, and other public areas of a multifamily property.
Solution: If you offer parking, you must provide enough accessible parking on a wheelchair-accessible route to accommodate residents of at least 2 percent of the dwelling units. To be deemed accessible, a parking space must, among other things:
- Be at least 8 feet wide;
- Have a 5-foot minimum width transfer/access aisle adjacent to the parking space that’s also on an accessible route to the facility; and
- Have a sign displaying the symbol of accessibility.
Pitfall #5. Failure to Allot Enough Accessible Parking Spaces to Vans
Under ADA rules, parking lots must have a minimum number of accessible parking spaces depending on the total number of spaces in the lot. At least one of six of those accessible spaces must be big enough to fit a van.
Pitfall: “Failing to provide the required number of van-accessible parking spaces is the accessibility mistake that landlords most often make,” notes Proctor.
Solution: Ensure that at least one of every six (or fraction of six) accessible parking spaces in your leasing office or other space or amenity that’s a “public accommodation” subject to the ADA is accessible to vans. There are two options:
Ensure that Van Accessible Parking Spaces:
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Option 1 |
Option 2 |
Sign 1: international symbol of accessibility Sign 2: stating that the space is van accessible |
Sign 1: international symbol of accessibility Sign 2: stating that the space is van accessible |
Pitfall #6. Interior Doors Aren’t Usable
The third FHA Design Rule is that all doors must be designed to allow passage into and within all premises be sufficiently wide to allow passage by handicapped persons in wheelchairs. Primary entry doors in common areas and for each unit must be accessible to wheelchairs in accordance with ANSI 4.13. Doors to closets, kitchen pantries, storage areas, and bathrooms inside the unit must be usable.
Pitfall: Doors in the interior of the unit aren’t usable.
Solution: Ensure that all interior doorways intended for passage are usable—that is:
- Provide nominal clearance of 32 inches in width; and
- Have no or very low thresholds of no greater than ½ inch of beveled change in height).
Also keep in mind that separate usability standards apply to specific types of interior doors, including hinged, pocket, sliding, and folding doors.
Pitfall #7. Entry Thresholds Are Too High
The fourth FHA Design Rule is that there must be an accessible route into and through each covered unit.
Pitfall: Level changes at primary entrances are often too high. In many cases, the architectural plans specify that the landing be flush with the finish floor, but the contractor follows a noncompliant construction convention that results in dropping the landing by a few inches.
Solution: Eliminate level changes at entrance doors. The Design Manual requires that the primary exterior entrance landing to a ground-floor dwelling be no more than ½ inch below the finish floor of the unit if the landing is made of concrete or another impervious material. In addition, primary entrance landings made of pervious material like wood decking must be flush to the finish floor. Exterior door thresholds must be no higher than ¾ of an inch above the finish floor and be beveled 1:2 or less.
Pitfall #8. Outlets, Thermostats, or Switches that Are Too High or Too Low
The fifth FHA Design Rule stipulates that light switches, electrical outlets, thermostats, and other environmental controls inside units must be in accessible locations.
Pitfall: Switches, electrical outlets, and other controls are placed too high or too low. Proctor warns that this pitfall is especially common with thermostats. “HVAC technicians often place thermostats higher than the maximum 48 inches above the floor specified by HUD for an accessible location because they’re more efficient at that height,” he says.
Solution: Be aware of and ensure that the controls inside your own units are placed in locations that HUD deems accessible based on the reach ranges of persons sitting in a wheelchair. Assuming that there are no obstructions to reaching, controls must be mounted no lower than 15 inches and no higher than 48 inches above the floor. There must be a clear floor space of 30 inches x 48 inches perpendicular to the wall, adjoining a 36-inch wide accessible route, to allow a person using a wheelchair to approach and get into position to execute a forward reach to the control or outlet. Note: These specifications must be altered to account for any obstructions to reach, depending on whether they affect forward or side reach.
Consider Usable Handles & Controls to Enhance Accessibility
FHA Design Rules require that controls and switches inside units be installed in accessible locations but don’t specifically address ease of operation. Even so, using certain types of switches and controls that increase usability for people with disabilities is dictated by best practice and perhaps required by state or local laws. They’re also typically inexpensive and easy to install. Such usability-enhancing devices include:
- Rocker, toggle, and touch-type electronic switches that can be operated by a single touch without force, gripping, twisting, or fine finger dexterity;
- Rubber-type handles on door knobs and faucets; and
- Lever controls that don’t require grasping or significant force.
Pitfall #9. Lack of Reinforcing in Bathroom Walls to Support Grab Bars
HUD’s general approach to FHA accessibility is that the inside of units be usable rather than fully accessible while also requiring landlords to make reasonable modifications later if a disabled tenant actually requests them. Accordingly, the original design and construction of units need not include grab bars near toilets, tubs, shower stalls, or shower seats. However, the sixth FHA Design Rule requires reinforcements in bathroom walls in covered units so that they’re strong enough to support grab bars if and when they’re needed.
Pitfall: Failure to place the necessary reinforcements during original construction.
Solution: Provide reinforcing of at least 6 inches wide by 24 inches long, behind and beside toilets. While these are the minimal dimensions specified by ANSI for supporting standard grab bars, the HUD Design Manual recommends that reinforcing be both longer and wider “so sufficient solid material is available to mount grab bars of differing lengths, mounting configurations and designs.”
Specifically, the leading edge of the reinforcing beside the toilet should be positioned at least 36 inches from the back wall to accommodate a bar that’s a minimum of 24 inches long. If the reinforcing starts 6 inches from the back wall, the minimum reinforcing should increase from 24 to 30 inches, unless a toilet is next to a wall that allows for a longer area of reinforcing, in which case the longer area should be reinforced (preferably to 42 inches).
Pitfall #10. Lack of Usability in Kitchens & Bathrooms
The seventh and final FHA Design Rule is that units contain usable kitchens allowing for a person in a wheelchair to maneuver about the space.
Pitfall: Kitchens and bathrooms inside units don’t provide for the necessary maneuverability.
Solution: To meet kitchen usability standards, ensure that:
- The kitchen has a minimum of 30 x 48 inches of clear floor space centered at the kitchen sink so that persons in wheelchairs can reach faucets;
- Faucets are placed at the center of or within 6 inches of the center of the sink, regardless of the number of basins; and
- There’s at least 40 inches of clearance between all opposing base cabinets, countertops, appliances, and walls.
Also ensure that each bathroom has enough clear floor space—that is, a minimum of 30 x 48 inches centered at the toilet—to allow a person using a wheelchair to approach and use the toilet, shower, sink, and other fixtures.
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| December 2024 Coach's Quiz |