May 27, 2014 with a few exceptions, developers may use the americans with disabilities act ada 2010 standards 2010 standards for accessible design as an alternative to the uniform federal accessibility standards ufas when undertaking new construction or alterations to existing structures on or after may 23, 2014. However, developments that use housing vouchers or any other hud funding must meet the uniform federal accessibly standard ufas requirements. Department of housing and urban development community planning and development. Currently, as a matter of policy, the more stringent of either the uniform federal accessibility standards. Developed by hud and icf 1 cdbgdr common acronyms list acronym term abfe advisory base flood elevation acm asbestos containing material. This document presents uniform standards for the design, construction and. Hud s websites including all online applications and work processes must comply with section 508 of the rehabilitation act of 1973, making content accessible to people with disabilities. Recipients must ensure full compliance with these federal laws and must also ensure compliance by all subrecipients to whom funds are distributed. The act requires that buildings and facilities designed, constructed, or altered with federal funds be accessible and these standards were developed to define what. Developed by hud and icf 1 cdbgdr common acronyms list acronym term. Federal register uniform financial reporting standards for. Fair housing act design manual hud s answers to those questions. Both the ufas scope provisions, which establish the minimum number of elements and.
Uniform federal accessibility standards ufas requirements. Parking shall be provided at the minimum numbers as defined by local zoning ordinance. First published in 1996, the fair housing act design manual. Projects receiving national housing trust funds must meet the property standards of 24 cfr 93. Since hud is responsible for prescribing the standards for residential structures, hud adopted these standards in 24 cfr part 40 effective october 4, 1984. Both the ufas scope provisions, which establish the minimum number of. Nsp funded projects follow the uniform federal accessibility standards ufas and hud s requirements under section 504. This document provides information regarding the uniform federal accessibility standards ufas. Fair housing and equal opportunity fact sheet hud exchange. Housing accessibility under the americans with disabilities. On august 2, 1989, the department published in the federal register an advance notice of intention to develop and publish fair housing accessibility guidelines 54 fr 31856.
People of all ages and abilities have the right to reside in their own homes and work, travel, shop and participate fully in community life. This document is useful for nsp grantees and partners seeking policy guidance on accessibility standards. Design details for accessible disaster relief housing. Department of housing and urban development hud is the federal agency respon sible for enforcement of compliance with the fair housing act. Affirmatively furthering fair housing affh accessibility requirements under section 504 and fair housing act economic opportunity requirements section 3 u. Ponding areas shall be made attractive but reduce risk to tenants.
Until hud, as an agency, formally adopts the 2010 ada standards, nsp grantees should follow 504 rules. Department of housing and urban development hud announced its adoption of an alternative accessibility standard for construction and alteration of housing and other facilities subject to section 504 of the rehabilitation act of 1973 section 504. Consistent with dojs advice, this document provides hud recipients the option of using the 2010 standards under title ii of the ada, except for certain specific. Uniform guidance on procurement standards where can the uniform standards for procurement for all hud awardees be found. Fair housing and equal opportunity fheo including the barrierfree requirements of the fair housing. These standards are to be applied during the design, construction, and alteration of buildings and facilities to the extent required by the architectural barriers act of 1968, as amended. The department also establishes accessibility requirements under section 504 of the rehabilitation act of 1973, as amended. This checklist can be used conjunction with the ufas, 24 cfr part 40, appendix a. Department of housing and urban development office of. Covered buildings and facilities designed, constructed, or altered with cdbg funds are subject to the aba and must comply with the uniform federal accessibility standards ufas 24 cfr 570. Fr5784n01 nondiscrimination on the basis of disability in. Fair housing act, section 3, and section 504 requirements.
The department of justice published revised regulations for titles ii and iii of the ada in the federal register on september 15, 2010. Uniform federal accessibility standards ufas retrofit manual. This resource is related to the fair housing act webinar held on july, 2010. The new york state uniform fire prevention and building code incorporates, by reference, the standards. Hud has noted that the ansi american national standards institute standard was the design basis for the fair housing accessibility guidelines, and that it is also the underlying standard for the uniform federal accessibility standards ufas and many state and local codes. And the department of justice accessibility design and construction requirements for covered multifamily dwellings under the fair housing act introduction.
State and local governments may use either adaag or the uniform federal accessibility standards ufas, which is the standard used under section 504. For copies of ufas, contact the hud distribution center at 18007677468. Federal register nondiscrimination on the basis of. Hud adopts new accessibility standard by the housing group on may 23, the u. The uniform federal accessibility standards, the ada accessibility guidelines, and the fair housing. Fed std 795 april 1, 1988 uniform federal accessibility standards general services administration. The uniform federal accessibility standards ufas is the applicable standard.
This final rule amends huds regulations on uniform financial reporting standards to provide for certain entities subject to these standards an annual financial report filing date that is no later than 90 days after the end of the. Federal register uniform financial reporting standards. Uniform federal accessibility standard ufas ufas contains the design requirements deemed to comply with section 504 of the rehabilitation act of. The manual explains the accessibility requirements of the act, which must be incorporated into the design. An additional 2 percent of the dwelling units, or at least one unit, whichever is greater, must be accessible for persons with hearing or visual disabilities. The purpose of this document was to solicit early comment from the public concerning the content of the accessibility guidelines, and to outline the departments.
A manual to assist designers and builders in creating emergency, transportable, temporary dwellings complying with the accessibility requirements of the 2010 americans with disabilities act standards for accessible design and the uniform federal accessibility standards. The standards of design are not required in the 9% lihtc allocation developments. May 30, 2014 although hud has not yet updated its regulations to reflect this standard, effective may 23, 2014, when constructing or altering housing or other facilities using hud funds, recipients may continue to use the current accessibility standard, the uniform federal accessibility standards ufas, or may elect the new alternative. These guidelines, once adopted by hud, will replace the current ufas. Section 504 of the rehabilitation act of 1973 commonly called section 504 requires that federally assisted housing programs provide a certain number of accessible housing units meeting the uniform federal accessibility standards. Section 504 procedures for recipients of home program funds. Fed std 795 april 1, 1988 military standards milstd. Uniform federal accessibility standards americans with. However, they will only apply to new construction and planned alterations and generally will not apply to existing facilities except where altered.
There are certain circumstances where the 2010 ada cannot be used. For federally assisted multifamily housing consisting of 5 or more units, 5% of these units or at least one unit. In other words, state or local laws may increase accessibility beyond what is required by federal law but may not decrease the accessibility required by federal law. Suite 501 washington dc 200363894 2022725434 vtdd 2026537834. However, the ada also requires that where a state or local building code provides for a more stringent standard of accessible design, that standard is to be used. Hud notes, however, that there are allowances built into hud s physical inspection protocols, as noted in the november 26, 1999 proposed rule, that provide for an owner to notify hud of significant conflicts between hud s uniform physical condition standards and local code requirements or other local requirements applicable to the property. Ufas uniform federal accessibility standards ura uniform relocation act. A manual to assist designers and builders in meeting the accessibility requirements of the fair housing act provides clear and helpful guidance about ways to design and construct housing which complies with the fair housing act. Section 504 2 overview as a home participating jurisdiction pj, dhcd and the entities to which it provides home funds must comply with section 504 of the rehabilitation act of 1973, as part of their housing initiatives. Uniform federal accessibility standards hud exchange. Section 504 also contains design and construction accessibility provisions for multifamily dwellings developed or substantially rehabilitated for first occupancy on or after march, 1991. Mfa 2017 mandatory design standards for multifamily housing. Accessibility standards dwelling units designed and constructed in accordance with the uniform federal accessibility standards ufas will be deemed to comply with the section 504 regulation.
On january 23, 1989, hud pub lished its final rule implementing the fair housing act. These regulations adopted revised, enforceable accessibility standards called the 2010 ada standards for accessible design 2010 standards and permitted the 1991 standards to be used until march 14, 2012. The department of justice doj and the department of housing and urban development hud are jointly responsible for enforcing the federal fair housing act the act, 1. Federal occupational safety and health agency osha regulations. Sites shall be constructed to drain away from buildings. Federal register uniform physical condition standards. New provisions for outdoor areas developed by the federal government that address access to trails, picnic and camping areas, viewing areas, and beach access routes are. Fair housing accessibility guidelines national fair housing. It presents the uniform standards for the design, construction, and alteration of buildings so that physically handicapped people will have access and use to them in accordance with the architectural barriers act, 42 u. Design details for accessible disaster relief housing hud user.
In the preamble to this rule, hud indicated that it would provide further guidance on meeting. The implementation date for the agency was june 10, 1982. Currently, as a matter of policy, the more stringent of either the uniform federal accessibility standards 49 fr 31528 or. The uniform federal accessibility standards, or ufas, are the accessibility standards that have been adopted by various federal agencies, including the department of housing and urban development hud, and are applicable to housing funded by hud.
Hud has identified certain provisions in the 2010 standards that provide less accessibility than is currently required by ufas andor hud s section 504 regulation. Uniform federal accessibility standard ufas ufas contains the design requirements deemed to comply with section 504 of the rehabilitation act of 1973. Nsp funded projects follow the uniform federal accessibility standards ufas and huds requirements under section 504. Hud has designated the fair housing act accessibility guidelines, when used in conjunction with the question and answer supplement, the fair housing act design manual, and five other documents as safe harbors for compliance with the fair housing act accessibility requirements. Department of housing and urban development 24 cfr part 8. Uniform federal accessibility standards ufas the uniform federal accessibility standards, or ufas, are the accessibility standards that have been adopted by various federal agencies, including the department of housing and urban development hud, and are applicable to housing funded by hud. Where federal, state, or local laws differ, the more stringent requirements apply. Consistent with this guidance, hud will permit, but not require hud recipients to use the 2010 standards under title ii of the ada, except for those provisions identified in this document, as an alternative accessibility standard to ufas until hud revises its section 504 regulation to formally adopt an updated accessibility standard. Mshda standards of design are to be used in our 4% direct lending new construction and rehabilitation programs. An additional 2% of the total number of dwelling units in the project must. Accessibility guidelines for buildings and facilities adaag. Ufas uniform federal accessibility standards ura uniform relocation act usda united states department of agriculture. Section 508 requires that anyone with disabilities must be able to access and use information and data on a website, comparable to the way. Uniform federal accessibility standards ufas until such time as they update their agencys regulation implementing the federally assisted provisions of section 504.
In addition, the office space must be accessible to individuals with disabilities and meet the uniform federal accessibility standards ufas requirements of accessibility or the 2010 ada standards for accessible design, except for certain specific identified provisions, as detailed in hud s notice on instructions for use of alternative. Fair housing accessibility guidelines national fair. This final rule amends hud s regulations on uniform financial reporting standards to provide for certain entities subject to these standards an annual financial report filing date that is no later than 90 days after the end of the. The usual standards for ensuring compliance with section 504 are the uniform federal accessibility standards ufas. Office of the assistant secretary for housingfederal housing commissioner, hud. Projects receiving home funding must meet the property standards of 24 cfr 92. Office of the assistant secretary for housing federal housing commissioner, hud. Standards for accessible design and the uniform federal accessibility standards may apply. Which accessibility standards must nsp funded projects follow. Hud has not yet adopted this version of the standards and continues to apply the uniform federal accessibility standards ufas to residential facilities under its jurisdiction. The uniform federal accessibility standards ufas were developed by the four federal agencies responsible for issuing standards under the architectural barriers act of 1968.
The requirements of section 504 of the rehabilitation act of 1973 must be met using the uniform federal accessibility standards ufas or the 2010 ada standards for accessible design. This document sets standards for facility accessibility by physically handicapped persons for federal and federallyfunded facilities. With a few exceptions, developers may use the americans with disabilities act ada 2010 standards 2010 standards for accessible design as an alternative to the uniform federal accessibility standards ufas when undertaking new construction or alterations to existing structures on or after may 23, 2014. Uniform federal accessibility standards united states atbcb united states architectural and transportation barriers compliance board 1111 eighteenth street, n.
925 241 1621 397 767 528 1328 1596 1259 1600 677 16 1494 26 1338 1027 251 1401 953 790 1082 460 847 422 203 1540 1119 1061 1389 536 1562 1330 91 46 1281 1302 971 1059